H1 and AP

S

sdrahmat

Registered Users (C)
My 6th year H1 is expiring on 16th Jan 2005. My 485 is filed (RD 12/30/03) and I got my AP(valid till Apr 05). I am planning to visit India during Nov 04 and planning to return on 5th Dec,04. While reentering should I use my H1 stamping or my AP. I am little bit afraid of using my H1 stamping since I have only 1 month left on my H1 while returning so I am worried that the BCIS offiial may deny my reentry. Should I used AP instead. I read in murthy.com that if you have AP and H1 the BCIS will use only H1 not AP. But I heard a contrdicting statement from my friend ( he told me he used AP instead of H1 while he was on similar to my situation).

Gurus please advise. :confused:
 
Why dont you get your 7th year H1b renewed? You can use premium processing if you want before November.
You can also enter via AP, but if you are living in some states where your DL expires on the date of I94 then it is better to get 7th year extension.
 
Please Advise

Wanted to keep this thread active. Gurus Pl advise. :confused:
 
Last edited by a moderator:
I quote from the Cronin Memo


Should an alien returning to the United States from travel abroad who has a valid 1-512 and a valid H-1 or L-1 nonimmigrant visa be paroled in or readmitted in H-1 or L-1 status?

If an alien has a valid H-1 or L-1 nonimmigrant visa and is eligible for H-1 or L-1 nonimmigrant status and also has a valid Form I-512, he or she may be readmitted into H-1 or L-1 status or be paroled into the United States. It is the alien's prerogative to present either document at inspection. However, if an alien presents both a valid H-1 or L-1 nonimmigrant visa and a valid Form I-512, and the alien is eligible for the H-1 or L-1 nonimmigrant classification, the Service should inform the alien that H-1 and L-1 nonimmigrants no longer need to use advance parole to preserve pending applications for adjustment of status and should admit the alien in H-1 or L-1 nonimmigrant status. The fact that an alien has applied for advance parole and received Form I-512 does not compel him or her to use the advance parole.

If the alien is not admissible as an H-1 or L-1 nonimmigrant, then he or she cannot be readmitted as an H-1 or L-1 nonimmigrant. Instead, such an alien may be paroled into the United States.
Click to expand...

So you can choose to use AP if you want to -- you will still remain in H1 status of course.
 
max2k1 said:
I quote from the Cronin Memo



So you can choose to use AP if you want to -- you will still remain in H1 status of course TILL 16th Jan 2005 only if you dont file H1 extension.
Click to expand...
 
I do not have a valid H1 visa stamp on my passport, I changed status in US, I am on H1B status. So if I use AP to enter US, can I keep my H1B status in the same company? Please advise.

According to the Cronin Memo, "If an alien has a valid H-1 or L-1 nonimmigrant visa and is eligible for H-1 or L-1 nonimmigrant status ......."
 
You must log in or register to reply here.
Top