Can I go for my H1 Renewal?

davidmaria

Registered Users (C)
My GC is applied for future employment by company A and my I-140 approved and waiting for 485 approval. I am still working for company B and my H1 is valid upto Dec 2008 but my visa expired on 2007.I traveled to my home country three months back and used my travel document while coming back.POE office entered my status as AOS on my I-94 that indicates I used the advance parole to enter the US.Can i still maintain my H-1B status and file the extension in Dec? please advice.
 

tammy2

Registered Users (C)
My GC is applied for future employment by company A and my I-140 approved and waiting for 485 approval. I am still working for company B and my H1 is valid upto Dec 2008 but my visa expired on 2007.I traveled to my home country three months back and used my travel document while coming back.POE office entered my status as AOS on my I-94 that indicates I used the advance parole to enter the US.Can i still maintain my H-1B status and file the extension in Dec? please advice.

Per Sheela Murthy You need to file the H1 once you are back. Then only you will go back H1. Otherwise you are parole.
 

TheRealCanadian

Volunteer Moderator
According to the Cronin Memorandum, you can continue working on the H petition, and extend it when it expires. Once the extension is approved you will be in H status.
 

ginnu

Registered Users (C)
My GC is applied for future employment by company A and my I-140 approved and waiting for 485 approval. I am still working for company B and my H1 is valid upto Dec 2008 but my visa expired on 2007.I traveled to my home country three months back and used my travel document while coming back.POE office entered my status as AOS on my I-94 that indicates I used the advance parole to enter the US.Can i still maintain my H-1B status and file the extension in Dec? please advice.
Read the MEMO
http://www.shusterman.com/cronin51600.html
 
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