Can we do H1b Extension?

[samasya]

My scenario is like this -

I got valid h1b visa until 2010 from GC sponsor employer. I used AP on Feb 2008 to reenter US. I was working for my same GC sponsor employer until last month. Last month I moved to another company.

New company Attorney is saying, since I have used AP, we can do H1b extension, but not the h1b transfer?

Please confirm....

 

[GotPR?]

Though it isn't clearly written in case of H1 transfer after using AP to enter the US, your lawyer may be right.
Cronin memo specifically says that you can extend, but doesn't refer to the transfer.. I remember I saw an article on some lawyer's website(I think it was on attorney Oh's site) which mentioned some "if" condition to be able to extend H1 under parolee status.
i.e. if you are working for the same employer.

 

[ginnu]

My scenario is like this -

I got valid h1b visa until 2010 from GC sponsor employer. I used AP on Feb 2008 to reenter US. I was working for my same GC sponsor employer until last month. Last month I moved to another company.
New company Attorney is saying, since I have used AP, we can do H1b extension, but not the h1b transfer?

Please confirm....

----------------according to your post you have valid VISA till 2010 then why did you use AP? if you have valid VISA then exit US (You can go to Canada/Mexico ) and get new I-94 with H1 status when enter US then new employer can file H1 transfer.

 

[samasya]

Thanks GotPR? and Ginnu for the reply...

GotPR? - My below situation is with different employer, not the same employer who got my h1b visa until 2010....so is it possible to do h1b ext. with another employer on my scenario?

Ginu - When I went to India on Feb 2008, I did not got chance to go for visa stamping..so while returning I used AP....so I am not sure if that h1b visa is stilll valid or not? Please advice....

 

[ginnu]

Thanks GotPR? and Ginnu for the reply...

GotPR? - My below situation is with different employer, not the same employer who got my h1b visa until 2010....so is it possible to do h1b ext. with another employer on my scenario?

Ginu - When I went to India on Feb 2008, I did not got chance to go for visa stamping..
--------------------then why you write that you have valid VISA?? it seems to me you have H1 approval notice till 2010 and you dont have VISA stamp in your passport till 2010.

so while returning I used AP....so I am not sure if that h1b visa is stilll valid or not? Please advice....

One should not mix visa stamp with H1 approval notice. H1 approval notice validity is given by USCIS and Visa stamp is under DOS.

 

[samasya]

Sorry for the confusion, Ginnu...

So can you please tell me if we can do H1b extension with current employer, while having H1B approval notice upto 2010 filed by previous GC sponsor employer?

 

[ginnu]

Sorry for the confusion, Ginnu...

So can you please tell me if we can do H1b extension with current employer, while having H1B approval notice upto 2010 filed by previous GC sponsor employer?

Read the links:

H1, AP

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
From Muthy Law office chat:
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.