For H1Bs using AP - let's clarify this issue thoroughly

[xu111]

I have read many posts about the consequence of using AP and how it affects your H1B. From those information, I have some thoughts, as well as some questions. I just write them down to make my mind clear. I would be very happy to hear others' opinions and hopefully this will be a useful post for all the H1Bs who will use AP in the future. Considering the current situation with retrogression, I believe the size of the H1B plus AP group is increasing.

Point 1, using AP doesn't invalidate your H1B visa and you can still use H1B visa to work for the same employer. You can extend your H1B visa in the future which brings back your H1B status (abolishing parolee status at the same time). However there are some related questions about the paroled status I am not quite sure.

a) Using AP make the parolee in the paroled status. Is there a expiration date for the paroled status?

b) For parolees with H1B visa, should they always use AP for future travels after the initial use of AP (which granted their paroled status?) In another word, is the usage of AP an "all or none" situation? Or after using AP for once, can I apply for H1B visa during my next trip?

Point 2, the real risk of using AP is when you can not return to US before your AP expiration date under special situations. Then you are toasted, especially for the principal applicant. Is there a way to overcome this kind of difficulty? If the answer is no, the best way might be using AP as a backup method and try to get H1B visa first.

Point 3, for people under paroled status, if your I-485 is approved while you are in a foreign country, can you still use your AP to come back? Does 485 approval invalidate the paroled status?

Comments are more than welcomed.

 

[gc_2006]

Point 3, for people under paroled status, if your I-485 is approved while you are in a foreign country, can you still use your AP to come back? Does 485 approval invalidate the paroled status?

I believe that is the advantage of AP. You should have it with you when you travel abroad so that in case I-485 gets approved you can return again.

 

[dabuk]

I have read many posts about the consequence of using AP and how it affects your H1B. From those information, I have some thoughts, as well as some questions. I just write them down to make my mind clear. I would be very happy to hear others' opinions and hopefully this will be a useful post for all the H1Bs who will use AP in the future. Considering the current situation with retrogression, I believe the size of the H1B plus AP group is increasing.

Point 1, using AP doesn't invalidate your H1B visa and you can still use H1B visa to work for the same employer. You can extend your H1B visa in the future which brings back your H1B status (abolishing parolee status at the same time). However there are some related questions about the paroled status I am not quite sure.

a) Using AP make the parolee in the paroled status. Is there a expiration date for the paroled status?

b) For parolees with H1B visa, should they always use AP for future travels after the initial use of AP (which granted their paroled status?) In another word, is the usage of AP an "all or none" situation? Or after using AP for once, can I apply for H1B visa during my next trip?

Point 2, the real risk of using AP is when you can not return to US before your AP expiration date under special situations. Then you are toasted, especially for the principal applicant. Is there a way to overcome this kind of difficulty? If the answer is no, the best way might be using AP as a backup method and try to get H1B visa first.

Point 3, for people under paroled status, if your I-485 is approved while you are in a foreign country, can you still use your AP to come back? Does 485 approval invalidate the paroled status?

Comments are more than welcomed.

There is another risk. If you're paroled into the country using AP, you are in parolee status until you either extend your H1B or re-enter the country using H1B visa. In the event that your AOS petition is denied, you are deemed to have accrued all the days that you were in parolee status as "illegal presence" days and are subject to 3/10 year bars should the number of such days exceed 180/1yr (per 245(k))

Hence, it is best to maintain non-immigrant status by never using AP, or using AP sparingly.