H1/AP: 1-94 - Travelling - Pls Help!!

R

rvp123

Registered Users (C)
Hi,

I would greatly appreciate, if you could please clarify the fllg:

My H1B is valid till Aug 2006 but visa stamping has expired.
Planning to go to India and return using AP and continue to work on H1B(same employer) ; Basically, I don't want to go through the hassle of getting H1B stamping in US Consulate in India.

If I use AP at the Port of Entry, I believe my I-94 will be based on AP (e.g. Paroled till July 2005 etc..) .

After July 2005 what will be my position? To remain in legal status(H1 status):
1. Do I have to extend 1-94?
2. Do I have to extend AP?
3. Do I have to go out of country and re-enter?
4. Do nothing and just contine on H1B eventhough I-94 (based on AP) has expired.

Basically, I would like to maintain H1 status(untill 485 approval) but use AP for travelling.

Please clarify. I am planning to travel next month.
Thank you very much.

Regards,
RVP
 
To maintain H1 status you need to enter US using H1 visa, if you use AP you status changes to Adjustee.
 
rvp123 said:
Hi,

I would greatly appreciate, if you could please clarify the fllg:

My H1B is valid till Aug 2006 but visa stamping has expired.
Planning to go to India and return using AP and continue to work on H1B(same employer) ; Basically, I don't want to go through the hassle of getting H1B stamping in US Consulate in India.

If I use AP at the Port of Entry, I believe my I-94 will be based on AP (e.g. Paroled till July 2005 etc..) .

After July 2005 what will be my position? To remain in legal status(H1 status):
1. Do I have to extend 1-94?
2. Do I have to extend AP?
3. Do I have to go out of country and re-enter?
4. Do nothing and just contine on H1B eventhough I-94 (based on AP) has expired.

Basically, I would like to maintain H1 status(untill 485 approval) but use AP for travelling.

Please clarify. I am planning to travel next month.
Thank you very much.

Regards,
RVP
Click to expand...
Using your AP does NOT do anything to your H1 status. You can continue to work for the H1 employer per the H1 approval dates ( you do NOT have to use your EAD )

Please see the Cronin Memo for details
 
Max -Thanks for the reply. I went through the memo but there is no reference to I-94. Still I am unclear about this:

Since I-94 will be based on AP, it will expire in July 2005 which is well in advance of H1B petition expiry date (Aug 2006).
So, my question is since I-94 determines one's legal stay, after July 2005
should I extend I-94 to remain in Legal (H1B) status.

I would really appreciate if somebody can clarify. Thanks much.
 
wait a minute...
Your H1 stamping has expired and you intend to re-enter using AP (eventhough your H1 is valid till '06). If you do that your I94 will be valid only till the validity of your AP and you'll have to renew I94. At that stage you'll have to go out of the country and do a re-entry again to get back on the H1b (if you want to maintain your H1).

man...why so much hassles.?!! Go to the consulate while you are abroad and get your H1b revalidated. And then you can re-enter on H1, whereby your I94 will be valid till '06.

Again, if you dont want to maintain your H1, then you may enter using AP and wait till your I485 gets approved.
 
rvp123 said:
Max -Thanks for the reply. I went through the memo but there is no reference to I-94. Still I am unclear about this:

Since I-94 will be based on AP, it will expire in July 2005 which is well in advance of H1B petition expiry date (Aug 2006).
So, my question is since I-94 determines one's legal stay, after July 2005
should I extend I-94 to remain in Legal (H1B) status.

I would really appreciate if somebody can clarify. Thanks much.
Click to expand...
Once you've filed AOS, your I-94 dates does not govern your legality of being in the US.

You would be in the status of an "AOS Applicant" and you are legal to stay.
Your H1 would be governed by the approval notice.

Check with ur attorney to be really sure :)
 
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