Confused Status?

[AlterEgo]

I entered in USA travelling back from my home in August. I had a valid H1 petition till late 2006 but did not have an H1 visa stamped. I had this Advance Parole document valid till mid september only. I used this AP document to enter and the officer put the date of mid september on my I-94. Does it mean I can just stay till mid sept? I have an I-94 with H1 petition that is valid till late 2006 and I have not used EAD card yet (still working as H1 employee with the same company) So what is my status? I already filed for extension of my AP....

Confused..

 

[Kshitij]

I think you are fine. When you use AP to enter, normally you are parolled for next 1 year as an AOS applicant. Only thing is, it invalidates your H1B status. So next time you need to have a valid AP if you need to travel.

Last year I entered in July, Had valid H1 as well AP, Officer preferred to use AP and stamped untill July 05.

 

[sertra2002]

Using AP does NOT invalidate the H1. This has been discussed many times in this forum. Your H1 status is still valid till 2006. As far as the stamp on the I-94 that you got at POE goes, that stamp has no significance. It is the norm to put the stamp that is valid for 1 year after entry. This does not mean that after the expiry of this stamp, you are not in status. This may be confusing, and its hardto explain, but once you file I-485 you cannot be out of status until the adjudication of your I-485.

 

[max2k1]

I think you are fine. When you use AP to enter, normally you are parolled for next 1 year as an AOS applicant. Only thing is, it invalidates your H1B status. So next time you need to have a valid AP if you need to travel.

Last year I entered in July, Had valid H1 as well AP, Officer preferred to use AP and stamped untill July 05.

Yeah -- as mentioned using AP does NOT effect your H1 status.
If you want, you can use H1 to re-enter the next time - its always your decision to use either H visa or AP to enter -- no impact to you in either case.

You can read the legacy INS "Cronin" memo for details.

Also as said above, the date on the I-94 parole stamp is meaningless with regard to your legal status.

 

[Kshitij]

Thanks for the correction max2k. I was in the impression that using AP invalidates H1, I think using EAD invalidates H1

 

[MinOct03]

Max2k1,sertra2002

what if H1 petition is approved but H1 visa is not stamped, as incase of AlterEgo, can he still continue employement as H1 after entering using AP or he needs to use EAD for that?
Reason I am asking is I am in similar situation. My H1 petition recently got approved, I haven't got my H1 stamped and planning on using AP to re-enter whenever I travel outside us.

anyone's feedback is appreciated.