Experts Help!! travel on AP from different emploer and H1B status

java2king

Registered Users (C)
Hi,

I have an Advance Parole from employer A who is sponsoring me for my green card (future employment) and I am working for employer B on H1B.

I have approval on H1B until 2008, and am planning to visit a few countries on business trips.

Can I re-enter on the AP from employer A and continue to remain on my H1B status with employer B?

HELP, my attorney's at A say it's OK and B don't want to comment :(

Thanks.

J2k
 
If you have a valid h1 visa(company B) in your passport I would advise using that instead of AP to enter US.
If company A's lawyer says it is ok to enter using AP, I would still take it with a pinch of salt.
 
don't have valid stamp

I don't have a valid H-1B stamp, just the approval.

I was trying to get an emergency appointment to get my visa stamp from employer B, but I am not able to make an appointment anywhere within 2-3 weeks.

If I use my AP, would that invalidate my H1 status since I am a parolee then?
 
java2king said:
If I use my AP, would that invalidate my H1 status since I am a parolee then?

No, the Cronin memorandum covers you, provided you do not violate the terms of your H1.

Additionally, AP/EAD are NOT employer-specific. They are self-petitioned.
 
got a great url

http://www.murthy.com/news/UDnewins.html


On May 16, 2000 the INS provided further clarification on how they were going to view the interim rule and provided several points.

- For purposes of approval of the I-485, those who are on the H-1 or L-1 status are required to prove their intent to work for the petitioning employer in their employment-based adjustment of status case, even though they can obtain the non-restrictive work authorization (EAD).

- If an H-1 or L-1 holder decides to file for and obtain the EAD but keeps working for the same company, he/she is still in valid H-1 or L-1 status and able to extend the H-1 or L-1 as needed (up to the maximum allowable time on that status). The mere fact of obtaining the EAD does not affect one's status; only if the person uses the EAD to take on another job, would he/she no longer be considered to be maintaining H or L status.

- If a person obtained an EAD and then went to work for another company while waiting for the completion of her/his adjustment case, that action would effectively terminate the H-1 or L-1 status of the beneficiary and she/he would have to file for advance parole to travel. The H-1 or L-1 holder would not be able to renew the H-1 or L-1 status in this situation.

- 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.

- An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
 
Hello Java2King
I'm in the same boat as you.
What you going to do? Use AP or get H1B stamp?
I heard that sometimes gettin an H1B stamp a nightmare.
(I've H1B and Parole for the same company).
After seeing your post I decided to use parole. If I can still continue
on H1B and use AP for travel why should I take the hassle of visa stamp?

One thing is that Say H1B approval is 3years. When you re enter with AP
I guess they give you 1yr on the I-94. After the I-94 date they give you what happens?

If you get anymore info on this issue please post. I'm going to talk
with my Atty next week. Will post it

thx
babu
 
go ahead with your AP

If you are with the same company you can go ahead with AP as your I-94 attached to your H1 is the one that you need to be concerned about...check with your attorney.

I finally spoke to the company B attorney, and he says "unofficially - unadvisable to use company A's advance parole as the immigration inspector might ask why are you working for another company". I don't understand this...

Anyways, I am trying to get an emergency appointment scheduled or fly to Calcuatta to get H1, if I fail, I will try coming back on AP..

Note: I am not a lawyer and you don't have to read this ;)
 
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