- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Help: AP travel and H1B reinstate
- Thread starter TroySJ
- Start date
Hi Guys,
I just traveled on AP and came back. I was wondering how should I re-instate my H1B and how long it take.
any information would be appreciated.
Many thanks,
Poorya
It seems you came to US with AP. if you are working for the same employer who filed your Latest H1 then you are on H1 status and can also file H1 extensions
Read the Below links:
H1, AP
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
http://www.murthy.com/chatlogs/chat0816.html
*Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.
Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
*from Muthy Law office
Hi Ginnu,
thanks a lot for your reply, I am a little bit cofused,
My H1B is valid till 2010 and am I am working for the same employer who applied for my H1B and also sponsored my GreenCard.
So in this case:
Does the H1B reinstate and h1B extention the same process ?
Do I need to do this in order to bring my wife with H4 Visa ?
and also in that case how long the process will take?
thank you very much for your help,
Troy
thanks a lot for your reply, I am a little bit cofused,
My H1B is valid till 2010 and am I am working for the same employer who applied for my H1B and also sponsored my GreenCard.
So in this case:
Does the H1B reinstate and h1B extention the same process ?
Do I need to do this in order to bring my wife with H4 Visa ?
and also in that case how long the process will take?
thank you very much for your help,
Troy
It seems you came to US with AP. if you are working for the same employer who filed your Latest H1 then you are on H1 status and can also file H1 extensions
Read the Below links:
H1, AP
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
http://www.murthy.com/chatlogs/chat0816.html
*Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.
Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
*from Muthy Law office
Hi Ginnu,
thanks a lot for your reply, I am a little bit cofused,
My H1B is valid till 2010 and am I am working for the same employer who applied for my H1B and also sponsored my GreenCard.
So in this case:
Does the H1B reinstate and h1B extention the same process ?
Do I need to do this in order to bring my wife with H4 Visa ?
and also in that case how long the process will take?
thank you very much for your help,
Troy
thanks a lot for your reply, I am a little bit cofused,
My H1B is valid till 2010 and am I am working for the same employer who applied for my H1B and also sponsored my GreenCard.
So in this case:
Does the H1B reinstate and h1B extention the same process ?
Do I need to do this in order to bring my wife with H4 Visa ?
and also in that case how long the process will take?
thank you very much for your help,
Troy
It seems you came to US with AP. if you are working for the same employer who filed your Latest H1 then you are on H1 status and can also file H1 extensions
Read the Below links:
H1, AP
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
http://www.murthy.com/chatlogs/chat0816.html
*Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.
Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
*from Muthy Law office
Hi Ginnu,
thanks a lot for your reply, I am a little bit cofused,
My H1B is valid till 2010 and am I am working for the same employer who applied for my H1B and also sponsored my GreenCard.
So in this case:
Does the H1B reinstate and h1B extention the same process ?
-------------------H1 extension is Extension of H1B by filing with USCIS before the I-94 gets expired and if you are eligible for H1 extension
Do I need to do this in order to bring my wife with H4 Visa ?
----------------Read below
and also in that case how long the process will take?
thank you very much for your help,
Troy
-------------------------you are on H1 status and your spouse can get H4 visa stamp.
for more info talk to your lawyer
Hi Ginnu,
I guess what I don't understand is that am I on H1B right now or do I need to do something (H1B extention) to be on H1B so that my wife can apply for H4 Visa. I just came back to the US with AP but my H1B was valid till 2010.
Thanks a lot,
Troy
Did you read the links provided to you? if not read them. you are on H1 status and dont need to do anything. for more info talk to your lawyer if still confused. if you go through MEMO from USCIS (link provided to you) it is clear.
Hi ginnu,
I understand that I am on H1B now, what confuses me is that as far as I know if I want to bring my wife to US with H4, I need to re-instate my H1B. (Is this statement correct?)
Second if the statement above correct, does the terminology reinstate H1B and H1B extention the same? and what is the procedure for that....
Sorry that I am bugging you this much, it seems that I am not stating my questions correctly
Troy
I understand that I am on H1B now, what confuses me is that as far as I know if I want to bring my wife to US with H4, I need to re-instate my H1B. (Is this statement correct?)
Second if the statement above correct, does the terminology reinstate H1B and H1B extention the same? and what is the procedure for that....
Sorry that I am bugging you this much, it seems that I am not stating my questions correctly
Troy
Did you read the links provided to you? if not read them. you are on H1 status and dont need to do anything. for more info talk to your lawyer if still confused. if you go through MEMO from USCIS (link provided to you) it is clear.
Hi ginnu,
I understand that I am on H1B now, what confuses me is that as far as I know if I want to bring my wife to US with H4, I need to re-instate my H1B. (Is this statement correct?)
Second if the statement above correct, does the terminology reinstate H1B and H1B extention the same? and what is the procedure for that....
Sorry that I am bugging you this much, it seems that I am not stating my questions correctly
Troy
when you are on H1 why you want to re-instate my H1B?
you are confused and you cant understand Memo posted. better go to your company lawyer or hire your lawyer and ask what you dont understand.
Hi Gunnu,
Sorry again for bugging you this much.
From what I understood from lots of posts on this web site, If someone goes out of the country and get married (now his wife is outside the US) and he comes back on AP he is on the parolee status. (Although for work issue he is considered H1) his wife can not apply for H4 unless he reinstate H1B.
Can you pelase tell me if the statement above is correct or wrong?
the reason that I am confused is that I have read the statement a bove more than once on the post on this web site.
Thanks alot an sorry again to bug you
Troy
Sorry again for bugging you this much.
From what I understood from lots of posts on this web site, If someone goes out of the country and get married (now his wife is outside the US) and he comes back on AP he is on the parolee status. (Although for work issue he is considered H1) his wife can not apply for H4 unless he reinstate H1B.
Can you pelase tell me if the statement above is correct or wrong?
the reason that I am confused is that I have read the statement a bove more than once on the post on this web site.
Thanks alot an sorry again to bug you
Troy
Hi Gunnu,
Sorry again for bugging you this much.
From what I understood from lots of posts on this web site, If someone goes out of the country and get married (now his wife is outside the US) and he comes back on AP he is on the parolee status. (Although for work issue he is considered H1) his wife can not apply for H4 unless he reinstate H1B.
Can you pelase tell me if the statement above is correct or wrong?
the reason that I am confused is that I have read the statement a bove more than once on the post on this web site.
Thanks alot an sorry again to bug you
Troy
based on the information you gave so far. You are still on H1 status but as you said you returned on AP so your current I94 and passport stampped as Paroled. This may bar your wife to get H4 visa at consulate because for H4 they will see your I94 and status record as Paroled and may not give the H4. Solution to this will be - you will have to go to the consulate and get your H1 stampped and then get her H4 stampped. Advise you to check with your lawyer and act.
Can i go back to H1B status after using EAD once ?
Eventhough you used your AP to enter and continuing the employment with same employer after your return...don't worry...still you are in H1B status. Your can bring your wife in H4 until your current H1B expirty date.
If you changed the employer...and have used EAD then you are no longer have your H1 status. Ginnu...please confirm!
Ginnu i have 1 question...please clarify...
I've used my EAD and changed my employer recently. My H1B is valid until next year through my previous employer who is also sponsorer for my GC. After few months can i go back and join previous company in H1B if they didn't cancel my H1B (or) i have to use EAD (or) i have to apply H1B again?. Basically did i lost H1B status completely now (or) not ?. Thanks in advance!
Eventhough you used your AP to enter and continuing the employment with same employer after your return...don't worry...still you are in H1B status. Your can bring your wife in H4 until your current H1B expirty date.
If you changed the employer...and have used EAD then you are no longer have your H1 status. Ginnu...please confirm!
Ginnu i have 1 question...please clarify...
I've used my EAD and changed my employer recently. My H1B is valid until next year through my previous employer who is also sponsorer for my GC. After few months can i go back and join previous company in H1B if they didn't cancel my H1B (or) i have to use EAD (or) i have to apply H1B again?. Basically did i lost H1B status completely now (or) not ?. Thanks in advance!
Hi ginnu,
I understand that I am on H1B now, what confuses me is that as far as I know if I want to bring my wife to US with H4, I need to re-instate my H1B. (Is this statement correct?)
Second if the statement above correct, does the terminology reinstate H1B and H1B extention the same? and what is the procedure for that....
Sorry that I am bugging you this much, it seems that I am not stating my questions correctly
Troy
Eventhough you used your AP to enter and continuing the employment with same employer after your return...don't worry...still you are in H1B status. Your can bring your wife in H4 until your current H1B expirty date.
If you changed the employer...and have used EAD then you are no longer have your H1 status. Ginnu...please confirm!
Ginnu i have 1 question...please clarify...
I've used my EAD and changed my employer recently.
------------------------------you are not on H1 status
My H1B is valid until next year through my previous employer who is also sponsorer for my GC. After few months can i go back and join previous company in H1B if they didn't cancel my H1B
(or) i have to use EAD
---------------you have to use EAD
(or) i have to apply H1B again?.
-----------------if the past employer whose H1 you claim to be valid and want to join him then go out of US and enter on H1 status by getting I-94 based on H1
Basically did i lost H1B status completely now (or) not ?. Thanks in advance!
-----------------------------
Ginnu i have 1 question...please clarify...
I've used my EAD and changed my employer recently. My H1B is valid until next year through my previous employer who is also sponsorer for my GC. After few months can i go back and join previous company in H1B if they didn't cancel my H1B (or) i have to use EAD (or) i have to apply H1B again?. Basically did i lost H1B status completely now (or) not ?. Thanks in advance!
Not many cases (precedence)like your case to give much idea about EAD to H1B. Technically, once you used EAD and left the h1b petitioner your non immigrant status (H1B) has gone completly. You will be considered as pure AOS. Even if the previous H1B is not cancelled and valid for few more years, you can not technically change status from AOS to H1B. Ie You may not directly join the old compnay in H1B. You can not use H1B to coplete I-9 form. You can verywell join them on EAD. If you want to become a non-immigrant, the better advise may be, leave the country and enter in H1B visa and start work for the previous company in H1.
Ginnu,
Can you tell me if the post by "immi_mygc" is correct or wrong.
I have seen so many of these type of posts and thats what confuses me.
Note that due to my country of birth, it is not easy for me to come to the states using Visa as I will need security clearance (which will take very long >3 months) and there is no US embassy in my country... thats the only reason that I had to enter the states on H1B.
Many thanks,
Troy
Can you tell me if the post by "immi_mygc" is correct or wrong.
I have seen so many of these type of posts and thats what confuses me.
Note that due to my country of birth, it is not easy for me to come to the states using Visa as I will need security clearance (which will take very long >3 months) and there is no US embassy in my country... thats the only reason that I had to enter the states on H1B.
Many thanks,
Troy
based on the information you gave so far. You are still on H1 status but as you said you returned on AP so your current I94 and passport stampped as Paroled. This may bar your wife to get H4 visa at consulate because for H4 they will see your I94 and status record as Paroled and may not give the H4. Solution to this will be - you will have to go to the consulate and get your H1 stampped and then get her H4 stampped. Advise you to check with your lawyer and act.
Hi Troy,
Now you saying...you've used H1B to enter. But in your previous post you'd mentioned that you've used Ap to enter. I don't know why you've used AP to enter. I think your visa on passport might got expired and you didn't wanted to go for H1B stamping at your country. So, you have used AP to enter.
immi_mygc may be correct or not. But still i think you can send your H1 papers and I-94 and your spouse use those docs to get H4 visa stamping done...since yours is dual status. I hope it helps you.
Now you saying...you've used H1B to enter. But in your previous post you'd mentioned that you've used Ap to enter. I don't know why you've used AP to enter. I think your visa on passport might got expired and you didn't wanted to go for H1B stamping at your country. So, you have used AP to enter.
immi_mygc may be correct or not. But still i think you can send your H1 papers and I-94 and your spouse use those docs to get H4 visa stamping done...since yours is dual status. I hope it helps you.
Ginnu,
Can you tell me if the post by "immi_mygc" is correct or wrong.
I have seen so many of these type of posts and thats what confuses me.
Note that due to my country of birth, it is not easy for me to come to the states using Visa as I will need security clearance (which will take very long >3 months) and there is no US embassy in my country... thats the only reason that I had to enter the states on H1B.
Many thanks,
Troy
Hi,
I have come to the states using AP. I cannot enter the states usiing H1B due to my country of birth, it is not easy for me to come to the states using Visa as I will need security clearance (which will take very long >3 months) and there is no US embassy in my country... thats the only reason that I had to enter the states on H1B.
My main concern now is my I140 is stamped as parole so can my wife enter the states using H4 or not.
Thanks
Troy
I have come to the states using AP. I cannot enter the states usiing H1B due to my country of birth, it is not easy for me to come to the states using Visa as I will need security clearance (which will take very long >3 months) and there is no US embassy in my country... thats the only reason that I had to enter the states on H1B.
My main concern now is my I140 is stamped as parole so can my wife enter the states using H4 or not.
Thanks
Troy
Hi Troy,
Now you saying...you've used H1B to enter. But in your previous post you'd mentioned that you've used Ap to enter. I don't know why you've used AP to enter. I think your visa on passport might got expired and you didn't wanted to go for H1B stamping at your country. So, you have used AP to enter.
immi_mygc may be correct or not. But still i think you can send your H1 papers and I-94 and your spouse use those docs to get H4 visa stamping done...since yours is dual status. I hope it helps you.
Thank you very much for your replies...ginnu and perm_lc.
I think i'll continue to stay in EAD (ie., in AOS) and use EAD if i want to go back to previous company.
Being in AOS...can i able stay without job for shorter time in future (say 2 to 3 months). When i'm between the projects...if i get RFE for my I-485 for any reason...what should i do at that time ?. Is just providing/submitting offer letter and last 1 or 2 pay stubs is sufficient ?. What will happen...just in case...if i don't have the latest paystubs ?. Please clarify.
By the way my PD (Apr 06) will become current in Aug 07 (day after tomorrow). I'd filed my I-485 in July 07 and we didn't receive the FP yet. Is it something normal...? I'm planning to get Infopass appt sometime soon and check what's going on with this. In Infopass appt can i ask the officer whether my Name Check has been cleared (or) not ?. Thank you guys...in advance!
I think i'll continue to stay in EAD (ie., in AOS) and use EAD if i want to go back to previous company.
Being in AOS...can i able stay without job for shorter time in future (say 2 to 3 months). When i'm between the projects...if i get RFE for my I-485 for any reason...what should i do at that time ?. Is just providing/submitting offer letter and last 1 or 2 pay stubs is sufficient ?. What will happen...just in case...if i don't have the latest paystubs ?. Please clarify.
By the way my PD (Apr 06) will become current in Aug 07 (day after tomorrow). I'd filed my I-485 in July 07 and we didn't receive the FP yet. Is it something normal...? I'm planning to get Infopass appt sometime soon and check what's going on with this. In Infopass appt can i ask the officer whether my Name Check has been cleared (or) not ?. Thank you guys...in advance!
Not many cases (precedence)like your case to give much idea about EAD to H1B. Technically, once you used EAD and left the h1b petitioner your non immigrant status (H1B) has gone completly. You will be considered as pure AOS. Even if the previous H1B is not cancelled and valid for few more years, you can not technically change status from AOS to H1B. Ie You may not directly join the old compnay in H1B. You can not use H1B to coplete I-9 form. You can verywell join them on EAD. If you want to become a non-immigrant, the better advise may be, leave the country and enter in H1B visa and start work for the previous company in H1.
Hi,
I have come to the states using AP. I cannot enter the states usiing H1B due to my country of birth, it is not easy for me to come to the states using Visa as I will need security clearance (which will take very long >3 months) and there is no US embassy in my country... thats the only reason that I had to enter the states on H1B.
My main concern now is my I140 is stamped as parole so can my wife enter the states using H4 or not.
Thanks
Troy
troy looks like you are fully confused man. I know your difficulty, u do not want to go for H1 stampping. but in this case if u dependent want to get h4 visa, u may have to go and get h1 stampped first, unless ur case is lucky and consulate over look and give h4 visa. all the best. which country u r from. how did u get ur first h1 visa without having embassy in ur country. just curious.