H1-B and AP Status Question

[hopeful4GC]

Hi,

I would appreciate your help on my current situation.

I am on my 9th year H1-B. I have applied for I-485 in June 2007 and I have my EAD and AP.

In 2007, I went to India and used AP to renter USA. After I reentered my status was 'AOS' on my I-94 and I continued to work on my H1-B. My h1-B extension was due and last year I got my new 3 year H1-B approved with a new I-94. As far as I know my status now is H1-B again since I got a new I-94 with my H1-B approval.

Now I am planning to go to India in December and am planning to use AP to reenter. When I use AP to renter, my status will again be 'AOS' on my new I-94.

My question is:

1.So after re entering, can I continue be on H1-B until H1-B expiry(my H1-B is valid until
Sep 2011) with "AOS" status on my new I-94

2. While stamping my I-94, they will stamp it for only 1 year, since the AP is valid for 1
year, Is my H1-B still valid until 2011.

3. While leaving the country should I surrender the new I-94(valid until 2001) I got with my H1-B or the I-94 I got last time when I entered through AP.

I would appreciate if you can answer my queries. Thanks in Advance

 

[fantomX]

I was in same situation...

1.So after re entering, can I continue be on H1-B until H1-B expiry(my H1-B is valid until
Sep 2011) with "AOS" status on my new I-94

You can work for the same H1-B employer and in same job, as long as you do not work for any other employer. If H1-B employer is same as I-485 employer then it's even safer. Make sure you have EAD valid as well, even when you do not use it. Otherwise you could get RFE later (I got it).

2. While stamping my I-94, they will stamp it for only 1 year, since the AP is valid for 1
year, Is my H1-B still valid until 2011.

If you have valid H1-B Visa in your passport, then use the H1-B. If you use AP, then the I-94 will be for 1 year as Parolee. To get back H1-B I-94 submit I-129 application when you come back.

3. While leaving the country should I surrender the new I-94(valid until 2001) I got with my H1-B or the I-94 I got last time when I entered through AP.

You have to surrender all I-94s when leaving, but make sure you make copies (multiple copies) of all I-94s before surrendering. You will need to the copies later. Do not surrender the whole H1-B approval notice, only the part that says I-94. There is also a portion for your records, do NOT surrender that as well.

Hope this helps.

 

[ginnu]

Hi,

I would appreciate your help on my current situation.

I am on my 9th year H1-B. I have applied for I-485 in June 2007 and I have my EAD and AP.

In 2007, I went to India and used AP to renter USA. After I reentered my status was 'AOS' on my I-94 and I continued to work on my H1-B.
My h1-B extension was due and last year I got my new 3 year H1-B approved with a new I-94. As far as I know my status now is H1-B again since I got a new I-94 with my H1-B approval.
---------------------You are on H1 status as you got I-94 with H1 ext approval notice.

Now I am planning to go to India in December and am planning to use AP to reenter. When I use AP to renter, my status will again be 'AOS' on my new I-94.
-------------------correct
My question is:

1.So after re entering, can I continue be on H1-B until H1-B expiry(my H1-B is valid until
Sep 2011) with "AOS" status on my new I-94
3. While leaving the country should I surrender the new I-94(valid until 2001) I got with my H1-B or the I-94 I got last time when I entered through AP.
------------------------------You Should surrender ALL I-94.(make copy of each I-94 front and back for your records)
I would appreciate if you can answer my queries. Thanks in Advance

If you have time why not to get H1 Visa stamp in India?? if any problem with Visa stamp then use the AP.

 

[hopeful4GC]

Thanks fantomX and ginnu for your response.

fantomX, The visa on my passport has expired and hence planning to use AP. But I already have a approved H1-B Notice which is valid until 2011. Should I still apply I-129 after I come back. Thanks in advance.

 

[ginnu]

Thanks fantomX and ginnu for your response.

fantomX, The visa on my passport has expired and hence planning to use AP.
But I already have a approved H1-B Notice which is valid until 2011.
---if you have H1 approval notice till 2011 then why dont you try to get Visa stamp?
Should I still apply I-129 after I come back.
-----------------Why your employer will apply I-129?

Thanks in advance.

----------------------

 

[smali]

My wife has F-1 visa and we have AP. Her F-1 visa is still valid. Cane we use F-1 to re-enter

Could my wife use F-1 visa to re-enter or she strictly have to use AP.

 

[fantomX]

You send I-129 to get back on H1 status and H1b I-94.

Your wife doesn't have H4? I think you can't use F1 and AOS at the same time. Once you apply for AOS, the F1 is not valid any more. Also, if you have applied for AOS you can't really enter as F1. Talk to your lawyer about this to confirm.