Entering on AP and H1 extension

K

kirat

Registered Users (C)
Hello,

I've pending I-485 and I-140 with NSC, receipt date is August 16, 2007. My stamped H1 has expired on my passport but current petition is valid thru july 2008. I've been getting one year extension since already completed 6 years on H1.

Now I'm planning to travel to my home country and use Advance Parole to re-enter U.S.
My questions are:

* Can I enter U.S on advance parole and still extend my H1 visa after using advance parole.
* If I go to Canada only (not my home country), can I still enter U.S on expired stamped visa and valid petition using automatic visa revalidation.

I'm really confused, people on other sites have posted that if you enter on AP, you even can't extend H1.

I'll appreciate for correct information.

Thanks.
 
Thanks, so we can get H1 extended after entering on Advance Parole, right?

Any info about automatic visa revalidation?
 
H1b stamping after travel on AP

jk0274 said:
Sure, I believe you should be okay there too....
http://dis.ors.od.nih.gov/advisories/h1o1_travelcanada.pdf
Click to expand...

Suppose if one has valid H1B for few months and AP for 1 year, but NO valid visa in passport, if that person travel out of country and comes back on AP with new I94 with expiry date as AP expiry date.
Now, after coming back, file for new H1B extension which gets approved for 3 years

1. Does that new H1B comes with new I94? if yes will that have AP expiry date or 3 years? Will that new I94 overrides the I-94 issued during POE with AP?
2. If we get I94 expiry date based on new H1B, and if we go out of country for visa stamping, any risks?
 
I believe the Cronin Memorandum specifically answers this question. The expiration date on your I-94 card issued to you as a parolee is really irrelevant as long as your I-485 remains lawfully pending. Since you can resume H-1B status (and renewals) even after being paroled, as outlined in the Memorandum, the H-1B status takes precedence.

There should be no additional risks to getting a new visa stamp. In the scenario above, you really will not have done anything to raise the risks.
 
Thanks all of you, I'm much relieved now.

I don't know why people post wrong comments on other sites. I was so confused and nervous.
 
Thanks

jk0274 said:
I believe the Cronin Memorandum specifically answers this question. The expiration date on your I-94 card issued to you as a parolee is really irrelevant as long as your I-485 remains lawfully pending. Since you can resume H-1B status (and renewals) even after being paroled, as outlined in the Memorandum, the H-1B status takes precedence.

There should be no additional risks to getting a new visa stamp. In the scenario above, you really will not have done anything to raise the risks.
Click to expand...

Thanks jk0274.

In cronin memo, answer for question 3 has "the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.".

Does this mean previously issued AP(multiple entry AP document) is terminated once new H1B extension approved? Or is it just parole status terminated?

I am confused between this point and question 6.
 
Last edited by a moderator:
It means the 'status' of parolee is terminated, not the actual document itself, which can be used again if need be, as long as it's still not expired.
 
Make sure u don't go via U.K if you plan make sure you get a Transit Visa. In UK AP is no good and if u have a expired visa on your passport you're in a soup. I went thru this trauma.
 
4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?


A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.


Is the final rule out? The last line seems to say that the final rule will still put a restriction on the length of time one can work on H1 even for the same employer without filing an extension/amendment after returning on AP
 
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