Can I still keep H1-B?

R

rey

New Member
I am going to apply the H1-B visa in Mexico,
but a question just came up my mind.

I am holding H1-B visa now, and my I-485 is pending.I have Advanced parole.

If everything is ok, I'll use the approved H1-B to return US.

But if my H1-B gets denied, I have to use AP to return.

Question is, can I still maintain an H1-B status, and still use H1-B for the same company, even my H1-B visa is denied? And if it is the case, can I still extend my H1-B afterwards?

Are the H1-B visa and H1-B status the same thing?

many thanks!
 
rey said:
I am going to apply the H1-B visa in Mexico,
but a question just came up my mind.

I am holding H1-B visa now, and my I-485 is pending.I have Advanced parole.

If everything is ok, I'll use the approved H1-B to return US.

But if my H1-B gets denied, I have to use AP to return.

Question is, can I still maintain an H1-B status, and still use H1-B for the same company, even my H1-B visa is denied? And if it is the case, can I still extend my H1-B afterwards?

Are the H1-B visa and H1-B status the same thing?

many thanks!
Click to expand...

If you are travelling abroad for obtaining the H1 Visa and if your Visa is denied, you cannot have the same H1 after entering US through AP. If you don't get your Visa denied at the consulate and if you have trouble at the port of entry, then you may use your AP to enter US and use the H1.

This is what I read from Murthy sometime back. Better consult your lawyer and decide.

Thanks and good luck.
 
gc-reqd said:
If you are travelling abroad for obtaining the H1 Visa and if your Visa is denied, you cannot have the same H1 after entering US through AP. If you don't get your Visa denied at the consulate and if you have trouble at the port of entry, then you may use your AP to enter US and use the H1.

This is what I read from Murthy sometime back. Better consult your lawyer and decide.

Thanks and good luck.
Click to expand...

I'd appreciate if you point me to that article in murthy.com ?
Is that in FAQ, chat, or others ?
 
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