Consequances of using AP

[PAKIGUY]

Background:
Citizenship: Pakistan, Came to US on F1, Got an H1, working, but DO NOT HAVE AN H1 STAMP IN PASSPORT.
Applied for AOS, got AP approved. Did not apply for EAD.

Scenario:
Planning to GET MARRIED before 485 Approval from home country.

Questions:
1) If I travel, get married, and come back using AP, can I bring my wife on H4?

2) If I use AP, and my AOS denies, what would be my status? Can I transfer to another company maintaining my H1? (I still have 3+ years out of 6 years limit for H1 extension)

3) The fact that I did not apply for EAD, once I come back from my journey, can I continue working for the same employer based on current 797?

 

[drooby7337]

Background:
Citizenship: Pakistan, Came to US on F1, Got an H1, working, but DO NOT HAVE AN H1 STAMP IN PASSPORT.
Applied for AOS, got AP approved. Did not apply for EAD.

Scenario:
Planning to GET MARRIED before 485 Approval from home country.

Questions:
1) If I travel, get married, and come back using AP, can I bring my wife on H4?

2) If I use AP, and my AOS denies, what would be my status? Can I transfer to another company maintaining my H1? (I still have 3+ years out of 6 years limit for H1 extension)

3) The fact that I did not apply for EAD, once I come back from my journey, can I continue working for the same employer based on current 797?

1) If you come back using AP - you are no longer in H1 Status, and your wife will not be able to come back with you because she will not have an approved AP for herself.

2) If AOS is denied and you came in the country using AP, you are then out of status, you will have to leave the country and come back using an H1B to be able to work.

3)I think in order to be eligeable for work you must have an approved AP/EAD or enter the country with an H1B get an I94 card.

I am nopt a lawyer but as far as I understand, your best option is to apply for H1B stamping while you are back home. Also take your marriage certificate with you so you can apply for H4 stamping for your spouse while you are there. After you get back on H1B - you can then apply for you and your spouses EAD and use them for working.

 

[Want GC Soon]

1) If you come back using AP - you are no longer in H1 Status, and your wife will not be able to come back with you because she will not have an approved AP for herself. - You are wrong (Using an AP to enter doesnt invalidate your H1B status) - Legally you are still on H1B.
2) If AOS is denied and you came in the country using AP, you are then out of status, you will have to leave the country and come back using an H1B to be able to work.

3)I think in order to be eligeable for work you must have an approved AP/EAD or enter the country with an H1B get an I94 card.

I am nopt a lawyer but as far as I understand, your best option is to apply for H1B stamping while you are back home. Also take your marriage certificate with you so you can apply for H4 stamping for your spouse while you are there. After you get back on H1B - you can then apply for you and your spouses EAD and use them for working.

Best Option is to get your H1B stamped in Pakistan, get married, apply her H4 and come safely. Is there any reason as why you dont want to stamp your H1B. Also, you wouldn't be allowed to board the flight if you dont get it stamped since you have already worked on H1B and you should get your visa stamped. You might end up with complications if you dont do this.

 

[AURO02]

Travel using AP/H4

I am in a similar situation as PAKIGUY. I recently posted a similar question in this forum (http://www.immigrationportal.com/showthread.php?t=239701).


drooby7337 wrote - If you come back using AP - you are no longer in H1 Status, and your wife will not be able to come back with you because she will not have an approved AP for herself.


When one enters the U.S using AP, his or her I-94 will be stamped "Parolee" but my understanding is that he/she can continue working on H1B status if its valid. Doesn't this mean that one can be on a "Parolee" and on a "H1B" status simultaneously? If this is true shouldn't the dependent be legally allowed to enter the U.S on H4 even though the primary is travelling using AP?

Thanks.
Auro02

 

[ginnu]

I am in a similar situation as PAKIGUY. I recently posted a similar question in this forum (http://www.immigrationportal.com/showthread.php?t=239701).


drooby7337 wrote - If you come back using AP - you are no longer in H1 Status, and your wife will not be able to come back with you because she will not have an approved AP for herself.


When one enters the U.S using AP, his or her I-94 will be stamped "Parolee" but my understanding is that he/she can continue working on H1B status if its valid. Doesn't this mean that one can be on a "Parolee" and on a "H1B" status simultaneously? If this is true shouldn't the dependent be legally allowed to enter the U.S on H4 even though the primary is travelling using AP?

Thanks.
Auro02

H1, AP
http://www.murthy.com/chatlogs/chat0816.html
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

 

[cantstandit]

if you get AP, do you HAVE to use it?

hi all, I'm reading the thread, maybe someone knows the answer to my question.

I just got 140 approved, and my attorney is going to file 485/765. He asks me if I want to do AP too. I still have 7 months on my H1B.

If I do apply for AP, do I "have" to use it when travelling? or can I just keep it to use after my H1B expires? in other words, an approved AP cancels a valid H1B?

tks folks, good luck to all.

 

[Want GC Soon]

Approved AP DOESN'T cancels H1B status!

hi all, I'm reading the thread, maybe someone knows the answer to my question.

I just got 140 approved, and my attorney is going to file 485/765. He asks me if I want to do AP too. I still have 7 months on my H1B.

If I do apply for AP, do I "have" to use it when travelling? or can I just keep it to use after my H1B expires? in other words, an approved AP cancels a valid H1B?

tks folks, good luck to all.

Approved AP DOESN'T cancel H1B status!