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Does use of AP invalidates H1 . Please
- Thread starter feb140
- Start date
boilermaker2
Registered Users (C)
I don\'t think Ben88 is Right
From Murthy.com per 5/2000 INS Memo (The latest)
- An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
- If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
From Murthy.com per 5/2000 INS Memo (The latest)
- An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
- If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
The news brief from Murthy\'s web site says something different.
This is what I got from a news brief on the murthy website which states something totally different from what you wrote in the second paragraph.
-INS Headquarters representatives indicated that this is not yet a settled issue of law, but that most INS officials were of the opinion that once a person was admitted as a parolee, the H or L could not be extended. They also stated that the person would need an employment card to continue working after entering the U.S. as a parolee (i.e. after entering using the Advance Parole). INS suggested that a possible solution to this problem, if the person holds an unexpired H or L visa stamp, is to travel out again and reenter using that visa, to get back into that status.
This is what I got from a news brief on the murthy website which states something totally different from what you wrote in the second paragraph.
-INS Headquarters representatives indicated that this is not yet a settled issue of law, but that most INS officials were of the opinion that once a person was admitted as a parolee, the H or L could not be extended. They also stated that the person would need an employment card to continue working after entering the U.S. as a parolee (i.e. after entering using the Advance Parole). INS suggested that a possible solution to this problem, if the person holds an unexpired H or L visa stamp, is to travel out again and reenter using that visa, to get back into that status.