H-1 after AP

[sameeramte]

Hello

I have applied for H-1 extention (texas sucks), which is not expected to come before my travel date. My wife and me just received EAD and AP from my wife's company.

My question is if I enter US on AP, can I get back on H-1 upon it's approval? I have read somewhere that I need to travel outside US and get H-1 stamped to be back on H-1.

Would appreciate your thoughts.

Thanks
Sameer

 

[being_intrigued]

Once u have entered on AP, you would get ur H1 petition(revalidation ?) approval and then get an H1 visa stamped from a consulate outside the US.

 

[guju]

you can be legally on H1 without getting a visa stamp even if you re-enter on AP as long as you continue working for the same employer and do not use your EAD for any part time job or anything like that.

 

[sameeramte]

Hi gujju

If i undestand correctly, per your information, I will still be on H-1 and not on AOS even if I enter the country on AP.

Sameer

 

[ar888]

Using AP inactivates the H-1. When you enter using AP, technically, you are not entering on a visa. You are entering on Parole. If you wish to reactivate an existing H-1 in such a situation, just step outside USA and reenter using the unexpired H-1 visa.

 

[guju]

I would like to point out the following websites that indicate that using AP will NOT invalidate H1 if you continue working for the same employer.

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

http://www.immigrationlinks.com/news/news301.htm
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

In the article http://www.murthy.com/UDnewins.html on Murth.com, we can clearly see that you don't invalidate the H1 status.

 

[sameeramte]

Thanks for the informative web sites. However, I saw this statement:

" 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"

In my case the AP that I have received is through my wife's company and I plan to travel on this AP. After entering the US, I believe my status will change to AOS (believe thats what it is called). And after I receive an approval for my H-1 (which is not expected to come before I return), and after I again step outside US and return, my status will again become H-1.

It's a bit confusing, but my lawyer had mentioned something similar to what ar888 had mentioned. I will recheck!

Sameer

 

[ar888]

The view I mentioned is of Rajiv's in one of his FAQ's. H1 doesn't get invalidated but gets inactivated. Different attorney's have different views on this. It is up to you and your attorney.