Can I still Work?

N

Neel28

Member
Gurus,
I am going to india and planning to come back on AP. I have a valid H1B approval until Feb 2004 though it is not stamped. My EAD got approved and I have received the card, but unfortunately I had to sent it back to BCIS for some corrections and haven't got it yet.

I am still and will be working only for my original sponsor company.

Questions:

1. If I use my AP, can I still work with my company, either using my remaining H1 approval or approved EAD ( though I don't have the plastic card on my hand)

Someone told me, once I use AP... I can't work on my H1. I dont have the EAD plastic card also. :(:(:(... Please share ur thoughts..

-Neelesh
 
After using AP, you are paroled into US, and thus automatically lose your H1 status. You would need EAD then. (At least that's what I was told by my layer)
 
Originally posted by ebgc
After using AP, you are paroled into US, and thus automatically lose your H1 status. You would need EAD then. (At least that's what I was told by my layer)
Click to expand...

This does not apply if you also hold valid H or L work status. Using AP does not cancel your H or L status even though you are paroled into US. You can continue to work under existing (and valid) H or L approvals.
This is official BCIS policy memo and I don't have the link at this time. I will post it when I find it.
 
Here is a link:
http://www.murthy.com/UDnewins.html

The relevant extracts from this link:
- An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)

- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

- If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.

- An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
 
Originally posted by nkm-oct23
Here is a link:
http://www.murthy.com/UDnewins.html

The relevant extracts from this link:
- An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)

- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

- If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.

- An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
Click to expand...

Hurray! this is my 1000th post!
 
hii nkm-oct23.. Thanks for the info...

I think I can even extend my H1 ( approved but not stamped) after entering to U.S using AP. atleast thats what I understood from the memo.

I hope this memo is current and all rules are in place.

Thanks

Neelesh
 
was in the same rut and still am..

I too was in the similar situation. Used AP to enter US and then applied for renewal of EAD.
Because of the delay in processing EAD, I was wondering if I will be out of work/status and checked with
my lawyer and HR.

My lawyers reply was such. (This is my companies immigration lawyer, I work for a big ass company as a
low ass bonded IT worker... but then it was my choice and yes my lawyer is a cool dude )

You do have valid work authorization to 2005 based on your H-1B approval notice and you
will not be without work authorization after 8/23/03 even if your EAD is not renewed by that time.
The stamp in your passport that expired in March of 2002 only allows you to re-enter the US
after you have been abroad but does not by itself provide you with work authorization. Under
current regulations, even if you have traveled on your Advance Parole document, your H-1B does not
become invalid and while your I-485 is pending, you may continue to have H-1B status at the same
time as AP and EAD documents.

One thing that you should note is that your current AP expired in June and if would like to travel
outside of the US at this time, you must either wait for your new AP to be approved, or you may
travel on your H-1B as long as you carry your original I-485 receipts (we can provide you with these)
and you secure a new H-1B visa from your home country that will allow you to re-enter.
Please contact me if you have any travel plans in the near future.

As for your EAD application, it was filed on 5/14/03 and the soonest you can apply for an
interim EAD is 90 days from the date of filing(8/12/03).
 
Hey shazam.

Your reply is going to help lots of guys here.. Great job man. Thanks for sharing with us.

By the way, do you have any plan to renew your H1 ? or can you?

-Neelesh
 
H1 has been extended until 2005..

My H1 was already renewed until 2005. However, I had not stamped my passport. So I used AP instead
to get in. I could have stamped it in my home country, but I did not. Also, since I am with the same employer I did not
use my EAD, hence even though my ead expired and my renewal has not come through.. I can still swing with my
H1. I guess if you have not extended your h1, you can still go ahead and extend it even though you used your AP.
Wow, that was fast typing... I hope I have not confused anyone..

Shazam
 
Hey Shazam...can you clarify

Hey Shazam,

I have used my AP to enter the US this jan 03....later got my h1 extension...since i was working with the same employer after i entered i assumed I was on H1 status.. I have apled for my AP but still have no news from INS. Now I am planning to leave for India for 3-4 mths on leave of absence...My Question is:

1. Can I travel with my H1 extension papers in hand (passport has expired visa) or should i still wait for my AP to come.
2. I am also planning to go for emergency AP but if I can travel with my H1 extension papers... I would not like to waste my time on getting an emergency AP.

Can you suggest....

Thanks

Nice guy
 
Re: Hey Shazam...can you clarify

Originally posted by Nice_guy73
Hey Shazam,

I have used my AP to enter the US this jan 03....later got my h1 extension...since i was working with the same employer after i entered i assumed I was on H1 status.. I have apled for my AP but still have no news from INS. Now I am planning to leave for India for 3-4 mths on leave of absence...My Question is:

1. Can I travel with my H1 extension papers in hand (passport has expired visa) or should i still wait for my AP to come.
2. I am also planning to go for emergency AP but if I can travel with my H1 extension papers... I would not like to waste my time on getting an emergency AP.

Can you suggest....

Thanks

Nice guy
Click to expand...




U need a valid H1 stamp or AP to enter US.
If u plan on entering US using AP, u need to have the AP approved before u leave US.
Else u can apply for H1 stamp at the consulate abroad - make sure u take all the documents needed for stamping.
 
stuill didndt get the answer for what i asked

Im sorry but i do not have naswer to my question:

. Can I travel with my H1 extension papers in hand (passport has expired visa) or should i still wait for my AP to come
 
AP or H1B

Rahul,
The H1 extension paper will suffice for you to WORK for the same company in the US, however it is not good to
get you inside US for which you will need a valid stamped visa in your passport.
Now there are two things you can do
1. Wait for AP and then travel
2. Without AP in hand, you can go to your home country and then get your passport stamped at the passport office/
consulate for a fee using your H1 extension paper as proof and then reenter US with this passport.

NOTE: The H1B extension paper will not let you inside US. Be careful and also check with your atta..

Shazam
 
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