can I use AP.....Plz reply

D

drjavi

Registered Users (C)
Hello

I've heard that if your H1b is denied in Canada (or Mexico) you have to go back to your home country to get a visa stamp Does that mean I cannot use AP to reenter ?
or if ur visa stuck due to security clearance can u come back to USA by using ur AP and go back to canada to get ur visa once the security clearance has done?
IF it is possible this means u will be again on H1 instead of parolee status even after using ur AP is this correct?

I've read conflicting posts on this issue and would really appreciate if someone can set me straight.

Thanks!
 
drjavi said:
Hello
or if ur visa stuck due to security clearance can u come back to USA by using ur AP and go back to canada to get ur visa once the security clearance has done?
IF it is possible this means u will be again on H1 instead of parolee status even after using ur AP is this correct?

I've read conflicting posts on this issue and would really appreciate if someone can set me straight.

Thanks!
Click to expand...

Why would you H1 be denied? If it is really denied, then you should not enter on AP. This is a bit tricky.

If your GC is being processed by same company as your H1, then you should not enter on AP (there is a possibility of getting barred for 3 years). If you are currently working on H1 for a different company than the one your are seeking Visa for in Canada, then you can enter using AP irrespective of who is processing your GC.

It all boils down to why your H1 is denied.


On you second question, you will be back on H1 after you reenter using H1. Doesnt matter if you used AP earlier to enter.
 
GreenCardVirus said:
Why would you H1 be denied? If it is really denied, then you should not enter on AP. This is a bit tricky.

If your GC is being processed by same company as your H1, then you should not enter on AP (there is a possibility of getting barred for 3 years). If you are currently working on H1 for a different company than the one your are seeking Visa for in Canada, then you can enter using AP irrespective of who is processing your GC.

It all boils down to why your H1 is denied.


On you second question, you will be back on H1 after you reenter using H1. Doesnt matter if you used AP earlier to enter.
Click to expand...
Your reply is absurd.Entry on AP is legal( inspected entry at the port of entry) and your status is parolee but you can still work with the same H1 employer without EAD for the validity of H1 appoval notice (Cronin Memo) you can also apply for H extension
 
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