Do you lose H1B status when you enter as a parolee

L

loni

Registered Users (C)
I have been to a lot of immigration web sites and I have even talked to my lawyer. What seems to be a grey area is whether you lose your H1 status when you return to the US with an advanced parole. I have read memos from the INS (posted in the Murthy web site) which states the new law allows you to keep on working with HIB authorization until that work authorization expires even if you return on an AP. My own lawyer has the same opinion. Mr Ron Gotcher from imminfo.com said the opposite - that you lose your non immigration status and you have to get an EAD immedietely or your employer will be fined if you continue to work on an H1B. This seems to be an ongoing debate and it does not help us when even immigration lawyers are not on the same page on this issue. Any thoughts as to who is right and who is wrong. Rajiv, what is your position on this?
 
After mailing package 3, can I go on short visit to India without AP???

I am in a similar predicament. I am going thru the CP track and have mailed my package 3. Now I have to make an emergency short visit to India, is it OK to go withoout AP? Once I am back from India, I will be going again when I get interview date at Chennai. My concern is is it OK to leave and enter the country without AP? Please Advice...
Thanks
mlm
 
yes it is confusing

Actually I have valid H1B for 1 1/2 year and also have AP.
I am debating which one should I use, AP or H1?
Will it affect my 485 if I use H1 even though I have AP?
 
Sure if you have a H1B stamp in your passport

You should have no problem if you have a valid HIB visa. Just make sure your H1B stamp is on the passport and you can make as many trips you want until your visa expires.
 
Definitely not

One thing for sure is that your 485 will DEFINITELY NOT be affected whether you use your AP or H1 B to return to the US.
 
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