2hard2getGC
Registered Users (C)
Heha,heha said:2hard2getGC,
I'm confused. If you reenter US using AP without getting a H-1B visa, how can you maintain the H-1B status?
It will be great if what you said is true, but I just don't understand how it works. Maybe you can give me the links of the stuff that you've read.
Thanks.
Okay to back my claim, here is the snapshot from Murthy.com august 2004 chat session
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.
Link to Murthy.com
I hope this helps
Last edited by a moderator: