Does using AP invalidate the H1 Status?

R

resident1374

Registered Users (C)
Folks -

I am applying for my 3yr H1 extension based on I-140 approval. I-485 is still pending. Also approved is my AP and EAD but I need H1 because of marriage.

Now, after getting the H1B extension, but not getting the passport stamped with the Visa, then -

1) Does re-entering USA with AP invalid H1 status?
2) After entering US with AP, can I still work on H1? I don't plan to EAD
4) Do we need to take any precautions while using AP, any documents?
5) Please share experiences anyone who entered with AP.
 
resident1374 said:
Folks -

I am applying for my 3yr H1 extension based on I-140 approval. I-485 is still pending. Also approved is my AP and EAD but I need H1 because of marriage.

Now, after getting the H1B extension, but not getting the passport stamped with the Visa, then -

1) Does re-entering USA with AP invalid H1 status? No
2) After entering US with AP, can I still work on H1? I don't plan to EAD YES
4) Do we need to take any precautions while using AP, any documents? NO
5) Please share experiences anyone who entered with AP.
Click to expand...

----
 
AP Re-entry: H4

Just to be sure, same questions but with H4:

I-485 is still pending. AP and EAD approved for me (on H1) and my wife (on H4)

Now, after getting the H1B and H4 extension, but not getting the passport stamped with the Visa, then -

Qn) Does re-entering USA with AP cause any issue with maintaining the H4 status?

Lawyer mentioned a case where USCIS has rejected petition for next H4 extension (after re-entry with AP) - thus, wanted to check if anyone has any insight into this.
 
mmed said:
----
Click to expand...

Thanks for your reply.

At present, I have my H1 valid till May 2008 (not stamped in passport though)

I am applying for a new H1B extension (validitity 2008-2011), which I expect to receive around Dec 15. I will be going to Canada and will entering on AP (not enough time to get appointment to get the passport stamped)

So, what will be the status of this new H1? Will it stand as it is? Does the AP impact it anyway?
 
I do not know for sure but that is not my job to know. Search at this site as I remember someone asking this kind of question. Check also in murthy.com chats.

I can faintly recall reading from here or Murthy that once you enter using AP you are granted a parolee's status. You must get some activity done on H1b like extension after entering on AP to get H1b status. In short using AP would not invalidate H1b but your own status is that of a parolee and not H1b.

Again I am stating this from memory but do your research on this site and I am sure you will find some better answers.

resident1374 said:
Folks -

I am applying for my 3yr H1 extension based on I-140 approval. I-485 is still pending. Also approved is my AP and EAD but I need H1 because of marriage.

Now, after getting the H1B extension, but not getting the passport stamped with the Visa, then -

1) Does re-entering USA with AP invalid H1 status?
2) After entering US with AP, can I still work on H1? I don't plan to EAD
4) Do we need to take any precautions while using AP, any documents?
5) Please share experiences anyone who entered with AP.
Click to expand...
 
On parolee status you can still work on H1 with same employer. Once your current H1 gets expired when you apply for H1 extension you will come back to H1 status. So bottom line is you can use AP for reentry and work with the same employer without using EAD.
 
resident1374 said:
Thanks for your reply.


I am applying for a new H1B extension (validitity 2008-2011), which I expect to receive around Dec 15.
Click to expand...

Once you are a parolee (485 filed), will you get 3 years (remaining period in your H1)?

My lawyer told that I will get only 1 year after a 485 is filed and 3 years if 140 is approved but no 485 filed.

Guys, please clarify.
 
resident1374 said:
Thanks for your reply.

At present, I have my H1 valid till May 2008 (not stamped in passport though)

I am applying for a new H1B extension (validitity 2008-2011), which I expect to receive around Dec 15. I will be going to Canada and will entering on AP (not enough time to get appointment to get the passport stamped)

So, what will be the status of this new H1? Will it stand as it is? Does the AP impact it anyway?
Click to expand...

If you want to visit Canada for less than 30 days, you can use the automatic visa revalidation (based on your I-797 approval notice) to re-enter. No AP or appointment at an U.S. consulate for visa stamping will be necesary.
 
manwithnoname said:
If you want to visit Canada for less than 30 days, you can use the automatic visa revalidation (based on your I-797 approval notice) to re-enter. No AP or appointment at an U.S. consulate for visa stamping will be necesary.
Click to expand...

So, do you mean I can get it auto-revalidated and then go to India, if I want? i.e without any visa stamp?

From what I heard USCIS no longer entertains the AVR - is it true?
 
vj66321 said:
Once you are a parolee (485 filed), will you get 3 years (remaining period in your H1)?

My lawyer told that I will get only 1 year after a 485 is filed and 3 years if 140 is approved but no 485 filed.

Guys, please clarify.
Click to expand...

Well, my lawyer is filing 3yr extension based on the approved I-140 - this is possible as the I485 dates are not current.
 
you should get 3 years H1 extension. you don't need avr before u go to india. Use AP and come back from india. you will be fine.
 
resident1374 said:
So, do you mean I can get it auto-revalidated and then go to India, if I want? i.e without any visa stamp?

From what I heard USCIS no longer entertains the AVR - is it true?
Click to expand...

I think there is a misunderstanding. Auto revalidation is applicable for travelling between U.S. and Canada only. If you travel to India, you need a valid visa stamped in your passport (unless you already have one) to re-enter.
 
Last edited by a moderator:
That's cool.

So, all I have to do is show the H1B extension papers at the border? i.e. while coming back?

Any other precautions to be taken?
 
Following is quoted from Sheela Murthy's chat. This is the most definitive information I ever read on AP and H1.

Hope it helps.


Question: Can we use Advance Parole, being on H-1/H-4, as we do not have valid visa stamping? Can I switch back to H-1 once I come back?

Answer: The general rule of law is that one is allowed to enter on the AP as a parolee and then file the H1B or H-4 extension after reentering the U.S. to get back into H1B or H-4 status. Nov-5-2007.

Question: Hi, Murthiji. If I use AP, does my H1B become invalid? Appreciate your service.

Answer: There is nothing that clearly states that, by using the AP, the H1B status become invalid or void. In fact, there are Legacy INS memos from March and May of 2000 that provide that a person can enter on the AP and then, presumably, work on the EAD and also still extend the H1B status, since H1B enjoys dual intent status under the Immigration Act of 1990, also called IMMACT. The entry on the AP does make one a "parolee" or an H-1. S/He keeps some of the privileges of an H-1 and could get back into H-1 status by having an extension / amendment filed. Aug-13-2007.


bigbang2001 said:
I do not know for sure but that is not my job to know. Search at this site as I remember someone asking this kind of question. Check also in murthy.com chats.

I can faintly recall reading from here or Murthy that once you enter using AP you are granted a parolee's status. You must get some activity done on H1b like extension after entering on AP to get H1b status. In short using AP would not invalidate H1b but your own status is that of a parolee and not H1b.

Again I am stating this from memory but do your research on this site and I am sure you will find some better answers.
Click to expand...
 
You must log in or register to reply here.
Top