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H-1 stamping on AOS
- Thread starter kesab
- Start date
kesab said:Hi all..it may be a very simple questin for you.. My H-1 stamp expired in July and currently I have another 3 year H-1. My I-485 is also pending at CSC.
Can I leave country to go to Mexico for visa stamping and re-enter on H-1?
----------- you can go to Canada/Mexico for Visa stamping BUT if Visa gets rejected in Canada/Mexico then you cant enter US from Canada/Mexico and have to directly take flight to your home country
thanks all.
situn said:Just another suggestion:
Apply for Advance Parole visa in case the revalidation rejected in Mexico/Canada.
I'm curious about what happens if he does not have EAD. He can enter the US with AP, and then becomes AOS pending status. He has valid H1 approval, which can be work permit even if he is AOS pending status, however, he got rejected with visa stamping.
Any comment is appreciated.
Situn GotPR
thanks to both..you know, I will not get AP before my departure to India (which is first week of December). Therefore I want to get H1 and H4 for me and family.
So I can always go to Mexico for stamping even if I applied 485, right?
Situn, if you are right about issuing temporary permit for re-enetring US, that will be great.
thanks to both..you know, I will not get AP before my departure to India (which is first week of December). Therefore I want to get H1 and H4 for me and family.
So I can always go to Mexico for stamping even if I applied 485, right?
Situn, if you are right about issuing temporary permit for re-enetring US, that will be great.
A lot of information on this thread appears very 'dubious' to me. I would recommend to check with your attorney and/or wait for gurus reply to your posts again.
As far as I know, there is no such thing as a temporary permit to re-enter US if your visa is rejected. The 30-day automatic validation applies to Canada or Mexico (meaning, you can re-enter the US within 30 days without a visa) .... ONLY if you do not apply for a non-immigrant visa to a US consulate abroad. So if your H-1 is rejected, that option is ruled out - until you have got your visa somewhere. You can either live in Mexico/Canada as long as you are allowed to - or go to your home country straight from there.
Also, mentioning about your pending I-485 WILL NOT increase your chances of getting an H-1. Those two are separate track issues - and the officer will give your visa strictly based on the merits of the H-1 application. I would infact recommend not to volunteer information about your I-485 unless you are asked about it.
You can apply for Advanced Parole, but it needs to be approved BEFORE you leave the US. If you get stuck outside, and the AP gets approved later on - it may not be of any use to you then. Even if you do not have EAD ... and you use AP to re-enter, you'll still be on H-1 status as long as you work for SAME employer (who did your H-1). But you would be applying for BOTH the documents (EAD & AP) anway - so both should be with you.
Please search around the forum for H-1B while AOS issues - I've seen many similar threads before.
As far as I know, there is no such thing as a temporary permit to re-enter US if your visa is rejected. The 30-day automatic validation applies to Canada or Mexico (meaning, you can re-enter the US within 30 days without a visa) .... ONLY if you do not apply for a non-immigrant visa to a US consulate abroad. So if your H-1 is rejected, that option is ruled out - until you have got your visa somewhere. You can either live in Mexico/Canada as long as you are allowed to - or go to your home country straight from there.
Also, mentioning about your pending I-485 WILL NOT increase your chances of getting an H-1. Those two are separate track issues - and the officer will give your visa strictly based on the merits of the H-1 application. I would infact recommend not to volunteer information about your I-485 unless you are asked about it.
You can apply for Advanced Parole, but it needs to be approved BEFORE you leave the US. If you get stuck outside, and the AP gets approved later on - it may not be of any use to you then. Even if you do not have EAD ... and you use AP to re-enter, you'll still be on H-1 status as long as you work for SAME employer (who did your H-1). But you would be applying for BOTH the documents (EAD & AP) anway - so both should be with you.
Please search around the forum for H-1B while AOS issues - I've seen many similar threads before.
Shaf said:you use AP to re-enter, you'll still be on H-1 status as long as you work for SAME employer (who did your H-1). But you would be applying for BOTH the documents (EAD & AP) anway - so both should be with you.
.
Sorry to make a comment on such a small detail.
if you use AP to enter the US, you are not on H1 status anymore even though you are still working for H1 sponser.. You'll be on AOS pending status, however you can still work with H1 visa.
Get AP before you go
If you do not have AP, you may be considered to abondon your I-485, check with your lawyer on this.
If you enter on AP and continue to work with the same company, your status will still be H1 if you were on H1 status before travel. Unless you use EAD and notify HR, you are still on H1.
If you do not have AP, you may be considered to abondon your I-485, check with your lawyer on this.
If you enter on AP and continue to work with the same company, your status will still be H1 if you were on H1 status before travel. Unless you use EAD and notify HR, you are still on H1.
Kesab,
Pls get ur AP or atleast apply for it before u leave USA. AP has to be applied only when the person is inside USA.
If ur I-485 is approved while u r in Mexico (by any chance), your H-1 will finish automatically and u will not be allowed to re-enter USA.
Also, your H-1 does not finish if u use AP to travel. H-1 finishes whenever u use EAD card for any employment even with your parent (H-1 sponsor ) company.
I hope this helps.
Pls get ur AP or atleast apply for it before u leave USA. AP has to be applied only when the person is inside USA.
If ur I-485 is approved while u r in Mexico (by any chance), your H-1 will finish automatically and u will not be allowed to re-enter USA.
Also, your H-1 does not finish if u use AP to travel. H-1 finishes whenever u use EAD card for any employment even with your parent (H-1 sponsor ) company.
I hope this helps.
AlterEgo said:If you enter on AP and continue to work with the same company, your status will still be H1 if you were on H1 status before travel. Unless you use EAD and notify HR, you are still on H1.
I'm not a guru on this issue, but my understanding is once you use AP,
your "status" is AOS pending, NOT H1 status.
When people enter the US with AP, POE officers should endorse "parole stamp"
on their I-94, which makes them as in AOS pending status and they are not
H1B status anymore. However, they can still work with H1B.
http://www.immigration-law.com
Q62: My employment-based I-485 has been pending for a while. My H-1B is still valid, but I filed and obtained EAD and Advance Parole. Do you think I am no longer in a H-1B nonimmigrant status? A: Your H-1B nonimmigrant status is not affected by applying for and obtaining an EAD and Advance Parole. It is the "use" of the EAD or Advance Parole that takes away your H-1B status. How do I know I used the EAD? You use the EAD in one of two contexts. One is that you use EAD with the same employer (H-1B) and your employer amends the form I-9 to change the employment authorization basis from H-1B to EAD for your payroll record, which you sign. The other situation is you use the EAD to work for a second or third job outside of the H-1B employment. In that case, even if you did not change the record of I-9 with your H-B employer, you lose your H-1B status. Once you lose your H-1B status, unless you leave and return with a new visa or a new H-1B I-94, you cannot reinstate the H-1B status. Again possession of the EAD and Advance Parole may be very important as a back-up when the situation changes, but until you use it, you will continue the H-1B nonimmigrant status. Drawback of working on EAD rather than H-1B is that you fall completely out of status when I-485 is denied, but such disadvantage is sometimes offset by disadvantages that comes with the continuing H-1B employment with the violation of Labor Condition Application or H-1B regulation, for instance, wages or locations, etc. When you work on H-1B pending I-485 application, you will have to comply with the H-1B regulation and LCA terms. If you violate such terms and regulations, you will not be eligible for I-485 application. Accordingly, when you face a situation wherein you may have to violate the H-1B status for whatever reasons, you may be better off working on EAD. Once you violated the H-1B status and LCA conditions and there is a reason for you to believe from the RFE that the USCIS is pusuing such violation, you may have an option of refiling I-485 to take advantage of so-called 245(k) benefit if your violation was less than 180 days. Section 245(k) allows you to file I-485 inasmuch as overstay or unauthorized employment which had been committed "before filing of I-485" was less than 180 days. Under the current USCIS policy, the same violation after filing of I-485 is considered "outside of the parameter" of 245(k) provision. Accordingly, in order to take advantage of 245(k), depending on the urgency, people sometimes refile I-485 application.
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