H1-B and AP Status Question

H

hopeful4GC

Registered Users (C)
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.
 
1- If you enter as a parolee, but had H-1B status before you left and the H-1B document is still valid, then you can continue to work for your H-1B employer without an EAD for the remainder of the H-1B document validity - and extend it if you can as well. You will not be in H status, but your work will still be authorized as long as you don't work for anybody else and your H-1B document is still valid.

2- Yes your H-1B document is valid until the end date, but again, that doesn't mean you are in H-1B status. You will only return to H-1B status if a- you enter the US with a new H-1B visa or b- you file to extend your H-1B document in the US and obtain approval for that extension.

3- Only one I-94 is valid at a time, and that is your most recent one. So you ought to surrender the most recent one you got (with the H-1B extension). Most people in your situation tend to surrender both because your H-1B extension approval notice that you should staple the new I-94 to the old one in your passport and just surrender the stapled pair when you leave the US.
 
HopefulforGC,
Wouldn't it be easier to get visa stamped while in India to avoide all this situation? Unless you have issues with stamping, that would be the best option
 
Why do you wish to enter on AP when u'd have valid stamped H1B with same employer ?

While leaving, submit all I-94s you have for yourself.
 
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