Clarification on Impact on H1 if advance parole is used

J

jvrao88

Registered Users (C)
HI,
I have H1 extended for one year(6th year) as my I485 is pending. If i use Advance parole instead of stamping H1, what are the issues expected.
i heard from my lawyer that i can still extend my H1 after advance parole is used. But only issue would be they issue I-94 as per EAD.

Please post your comments

Venkat
 
jvrao88 said:
HI,
I have H1 extended for one year(6th year) as my I485 is pending. If i use Advance parole instead of stamping H1, what are the issues expected.
i heard from my lawyer that i can still extend my H1 after advance parole is used. But only issue would be they issue I-94 as per EAD.

Please post your comments

Venkat
Click to expand...
No issues -- AP and H1 are not related.
You can use AP for re-entry and continue to use H1 with your employer.

See here

BTW, your EAD date has NOTHING to do with any of this --- in fact you don't even need an EAD if you are working on H1 -- not sure why your lawyer brought up EAD - its not relevant
 
What will be I-94 expirydate office gives to us?
Because H1 is not stamped. then officer would give expirydate that of Advance prole . is it not?
 
jvrao88 said:
What will be I-94 expirydate office gives to us?
Because H1 is not stamped. then officer would give expirydate that of Advance prole . is it not?
Click to expand...
Nope -- you will be paroled for a year from the date of entry.
But your original H1 petition dates would still be valid and you need to renew it based on those dates -- the date on i94 is not of any consequence when you enter on AP.
 
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