Does using AP invalidate my H1?

C

craver

Registered Users (C)
I searched the forum several times to get a clear answer for this question. I know this should have been answered somewhere, but maybe I missed it. Pardon me for the redundancy.

My spouse is working on H1, but her visa has expired. She has a valid AP and an EAD (not planning to use EAD, she will continue using her H1). Can traveling on a valid AP invalidate her H1? In other words, if she uses AP to re-enter the United States, will she have to start working on EAD or can she continue working on H1 till our 485 application is processed?
 
craver said:
I searched the forum several times to get a clear answer for this question. I know this should have been answered somewhere, but maybe I missed it. Pardon me for the redundancy.

My spouse is working on H1, but her visa has expired. She has a valid AP and an EAD (not planning to use EAD, she will continue using her H1). Can traveling on a valid AP invalidate her H1? In other words, if she uses AP to re-enter the United States, will she have to start working on EAD or can she continue working on H1 till our 485 application is processed?
Click to expand...
H1, AP
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

http://www.murthy.com/chatlogs/chat0816.html
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.
 
What happens in the following case?

- 6th year H-1B expires on date X (7th year ext not possible bec PERM LC not >365 days old)
- 2 months before date X EAD and AP are filed
- EAD and AP don't get approved until H-1B time is up
but a few weeks later

There are 2 choices I see now:
1) due to I-485 pending stay in US without being able to work until EAD comes through
2) Leave US - but then what? Can I use AP once it is approved to come back and EAD to work? I read somewhere it could cause problems if you leave US and try to return on AP if at the time of issuance of AP you were not in the US.

Can someone comment on that please?
 
H1, AP
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

http://www.murthy.com/chatlogs/chat0816.html
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.
Click to expand...

Thanks a lot, ginnu.
 
Does using AP invalidate my H1

I have the same concern since my I485 is still pending. I am planning to use AP to travel next month but I didn't apply for EAD. Do I have to use EAD after I used AP to enter the US? My wife is holding H4 now but she is likely to use EAD later, what will be her status after she uses her EAD? I will renew my H1 next year, can she renew H4 after she uses her EAD if she is not working at that time.
 
You must log in or register to reply here.
Top