Can I continue to work on H1, if I use AP?

[rchandran_19]

Hi All,

I am planning to go to my home country India using AP. My current status is H1b.

Since I don't have a (H1)visa to travel, and I have no intention of obtaining one at Chennai Consulate, want to use the AP.

I read in the instructions of AP (i-131 form) that made me wonder if I could still continue to work on H1 upon returning from India on AP.

Here is the quote from the instructions of AP:

However, upon returning to the United States, you must present your valid H, L, K, or V non-immigrant visa and continue to remain eligible for that status.

End-quote.

Your advice ??

Thanks,
RC

 

[jk0274]

Google "Cronin Memorandom", it should have a lot of answers!

 

[NYAUG2002]

Also in same situation

Did you get any formal response (from a lawyer) for your situation?

I have same situation as you and do not currently hold an EAD (I have applied but did not have it approved yet). Consulted with other members and, according to them, there was no harm to enter with AP and continue to work with H1B, but really cannot understand the fact that if you do not enter as H1 status, how can you maitain this status (and even extend it) ... confusing

 

[GC_DADA]

Hi Guys,

I think , the moment you use your AP, you are no longer on H1B, you have to use your EAD. But again I am not a lawyer, so better to check on your laywer. But this is what my employer tole me.

Hope this will useful to you.

 

[jk0274]

Again, google "Cronin memorandom" and read it carefully.

 

[zvorlon]

Yes, you can still work on your current H1B petition until it is valid even though your status on enter country on AP becomes parolee..

read this link...
http://www.hooyou.com/advanceparole/h1bv-ap.html

read section "Example 1:" I believe it is answers what you are asking..

Hope this info helps..

 

[rchandran_19]

Yes, you can still work on your current H1B petition until it is valid even though your status on enter country on AP becomes parolee..

read this link...
http://www.hooyou.com/advanceparole/h1bv-ap.html

read section "Example 1:" I believe it is answers what you are asking..

Hope this info helps..

But its what that particular attorney has interpreted....its not from any USCIS memo or Law.

 

[TheRealCanadian]

But its what that particular attorney has interpreted....its not from any USCIS memo or Law.

Google "Cronin Memorandum"...... please.

 

[RPM]

Yes, no impact on H1-B.

 

[rchandran_19]

Google "Cronin Memorandum"...... please.

Why everyone keep saying "google cronin Memo"?? Why can't you interpret whats in that memo and post it for lay persons who may not understand the language used in the law.

ok, anyways, I googled and found this:

3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?

Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service determines the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.

Now, my question, what is the "final rule? Seems to me its only a temporary solution.

 

[mmed]

Why can't you interpret whats in that memo and post it for lay persons who may not understand the language used in the law.

Yes you can use AP ant still H visa.