Final Confirmation -:About Using AP and H1/H4 Status.

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Con_File_Feb

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I was just reading threads and there is some confusion about usage of AP.

By using AP, your H1/H4 status will not be invalidated. You still belong to H1/H4 category.

Only using EAD will invalidate H1/H4.


Is that correct ????
 
I dont agree. I have spoken to my lawyer and I asked him the right questions. The answers I got from him say something else.

I have posted the qUESTION/ANSWER on this site somewhere.
 
usnycus, I dont know who you agree with but your points (a) and (b) in the link you provided above vindicates what I am saying on this thread http://boards.immigrationportal.com/showthread.php?t=145309.


Your points (a) and (b) ...
a) 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.

b) 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.

I dont know about points c,d,e,f.


I think this is a open and shut case now unless we want to keep arguing for the sake of arguing.
 
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how abou this...

I have a valid H1 till June 2006 with company B. H1 visa stamp with company A expired in December 2002. Now I have both AP and EAD based on GC sponsor from company C, but haven't used EAD . Still working on H1 with company B.

In November I am going out of USA for one month and plan to enter on AP. In that scenario what will be my status? Can I continue to work on H1 with company B. Or do I have to start using EAD?

Paresan... is this situaiton also closed and shut? There was an interpretation on Murthy's site for this situation stating that H1 status continues even after entering on AP (i.e AOS).
 
I dont know the answer and I will not mis-guide anyone.

I spoke to my lawyer regarding MY case and I have posted the communication script. I would assume that you loose your H1 status because you entered on AP. If I485 was rejected, you might have to go outside the country and come back on the H1 visa (if valid).

I dont know if I am right here. I an guessing.
 
That’s right Pareshan, we are guessing. that why I brought this to clear out this. so this is not a open and shut case and we are not just arguing. We want to get clear picture and get other’s view and experience.

Especially from people, who have used AP and still working on H1. Please throw your experiences here. But what I read, I think by using AP, you H1 status is not invalidated, You still belong to H1.


Pareshan4GC said:
I dont know the answer and I will not mis-guide anyone.

I spoke to my lawyer regarding MY case and I have posted the communication script. I would assume that you loose your H1 status because you entered on AP. If I485 was rejected, you might have to go outside the country and come back on the H1 visa (if valid).

I dont know if I am right here. I an guessing.
Click to expand...
 
I am on 8th year H1 extension. My stamp has expired. I went to India in August 2004 and came back using AP.

I still continue to work on H1, I have not used my EAD till date.

I have a friend who is on 7th year extension, and he went to India and came back using AP and continues to work on H1. He has not used his EAD till date.
 
LC_Virginia said:
I am on 8th year H1 extension. My stamp has expired. I went to India in August 2004 and came back using AP.

I still continue to work on H1, I have not used my EAD till date.

I have a friend who is on 7th year extension, and he went to India and came back using AP and continues to work on H1. He has not used his EAD till date.
Click to expand...

How do you know that you are legal status is H1? Did you ask a attorney about your legal status as of now? Or is it your assumption that you are on H1 though you entered on AP? Do you have a valid EAD? If yes, then you are working on a EAD and not H1. The minute you use a AP or EAD, you are on ADJUSTMENT OF STATUS (I am guessing).

Again, I could be wrong. Please consult a attorney.
 
Pareshan4GC said:
How do you know that you are legal status is H1? Did you ask a attorney about your legal status as of now? Or is it your assumption that you are on H1 though you entered on AP? Do you have a valid EAD? If yes, then you are working on a EAD and not H1. The minute you use a AP or EAD, you are on ADJUSTMENT OF STATUS (I am guessing).

Again, I could be wrong. Please consult a attorney.
Click to expand...


I did not consult my attorney, but my friend was told clearly by his attorney that he is still on H1 status, until he wants to use his EAD and provides the EAD information to his employer.

However, yes, I do have a valid EAD.

Also, I posted a message on this board before I went to India and got several responses by senior members that using AP does not invalidate H1, but using EAD does.
 
pareshan...

How can you be sure with your attorney to be correct? Many para legals intrepret it differently and try to give suggestions on safer side.

This topic was discussed br Mrs.Sheele Murthy on chat session in response to a question.
 
There is old memo which I am unable to get in the search. I think it is from 1998 which says if you use the AP your H1 status will not be affected. Someone posted that memo long back on this forum.
 
LC_Virginia said:
I am on 8th year H1 extension. My stamp has expired. I went to India in August 2004 and came back using AP.

I still continue to work on H1, I have not used my EAD till date.

I have a friend who is on 7th year extension, and he went to India and came back using AP and continues to work on H1. He has not used his EAD till date.
Click to expand...


This is the reason, why I said Yes, Yes And Ofcourse Yes!!!! the very first time. LC Virginia is an example for Con_File_Feb.
 
Con_File_Feb said:
I was just reading threads and there is some confusion about usage of AP.

By using AP, your H1/H4 status will not be invalidated. You still belong to H1/H4 category.

Only using EAD will invalidate H1/H4.


Is that correct ????
Click to expand...
Chat User : For a person on a pending employment-based I-485 who is already using advance parole and an EAD for two years, can he go back to H1B without impacting his I-485 application? Thank you.

Attorney Murthy : A person on an AOS who has used up the entire 6 years of the H1B is not allowed to file for a change of status from within the U.S. to get back to H1B or H-4. One is not able to file any H1Bs without remaining abroad for one year. On the other hand, if the person had not used up the entire 6 years on H1B status, then s/he may file for an H1B petition approval without being subject to the H1B cap since the prior H1B was issued within the last 6 years, and the H1B beneficiary then travels abroad to pick up the H1B visa from the consulate abroad and returns on H1B or H-4 status by obtaining a new I-94 card at the U.S. port of entry.
 
yygov said:
Chat User : For a person on a pending employment-based I-485 who is already using advance parole and an EAD for two years, can he go back to H1B without impacting his I-485 application? Thank you.

Attorney Murthy : A person on an AOS who has used up the entire 6 years of the H1B is not allowed to file for a change of status from within the U.S. to get back to H1B or H-4. One is not able to file any H1Bs without remaining abroad for one year. On the other hand, if the person had not used up the entire 6 years on H1B status, then s/he may file for an H1B petition approval without being subject to the H1B cap since the prior H1B was issued within the last 6 years, and the H1B beneficiary then travels abroad to pick up the H1B visa from the consulate abroad and returns on H1B or H-4 status by obtaining a new I-94 card at the U.S. port of entry.
Click to expand...

This is about a person who has already started using his EAD.
 
This is what my attoney told me.
"If you do not avail the benefits of EAD and still continue renewing your H1-B the mere fact of using the AP to travel will not invalidate your H1-B status, since H1-B is a dual intent visa. So you can simultaneously be in AOS and H1-B."
 
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