help needed !!

F

floating cloud

Registered Users (C)
help needed! guru please help

i am new in this forum but i think it is a great one!

i have a question, i am now AOS pending while on H1, have a valid AP, and approval notice if H1, but passport not stamped for H1, if i come back here on AP, can I still work on H1??

please do reply, it is urgent thanks in advance:confused:
 
However opinions differ on the subject and most lawyers tend to advise to get an Employment Authorization Document after entering on Advance Parole although H-1B has not expired yet, my standpoint on this is that you can continue working on H-1B after entering on AP provided that H-1B is not expired (the stamp in the passport bears no practical meaning for this; you still have an H-1B either through extension or initial application).

To prove my point, please follow this link: http://www.usvisanews.com/memo985.html and proceed to item 4.
 
thanks!!

Thanks Bitterman for your information, it is a grey area of law, but i guess i have to try my luck, thanks again,
f.C
 
floating cloud,
Bitterman is correct. You can still use your un-expired H1 to work after re-entering USA using your AP. However, this is true only if you are employed with the same employer. If you want to change your job, you have to use EAD.

sunamb

wac 02-069-XXXXX
 
Sunamb:

thanks for your input , my H1 expire august 2004 (first three year blco), but i have intention to extend it, if i come back on AP(say, this September), can i still do that ??

tahnks!
 
floating cloud:

thanks for your input , my H1 expire august 2004 (first three year blco), but i have intention to extend it, if i come back on AP(say, this September), can i still do that ??

See item 3 from the article above.

sunamb:

BTW, I am still on H1 even after re-entering using AP.

I am working on H-1B, too, however entered the States twice on AP.
 
floating cloud,
As far as I know, you may even be able to extend your H1 if you are with the same employer, but I am not sure about it. It would be better to talk to an immigration attorney about this. BTW, you said your current H1 is vaid till August 2004. Won't you be getting your I-485 approved by then, or are you doubtful :)

Good luck,

sunamb

wac 02-069-XXXXX
 
BItterman, sunamb,

thanks you both so much for the wonderful information!!!

My I485 was filed April1 2002 Wac02150XXXX, orignally, i thought i can visit my ailing parents after i get GC sometime spring of 2003, but now i am not even sure i get get it in spring of 2004!!I have not been home for 10 years, and i feel i am dying here all by myself, the constant pressure and stress here have almost driven me mad, and i always worried about my parents.

sorry if ihad been too mushy and sentimental.

thanks again for your kindness
 
This might help

A Friend of mine left country with

1. Photocopy of H1B approval petition
( and ofcourse his passport reflecting valid H1B visa)
2. Advance Payroll papers , EAD

He had no problem leaving the country, but when on the Port of entry ( SFO) he was not allowed to enter since INS/BCIS needs original H1B approval notice ( not the photocopy).

But he had Advance payroll, so he was allowed to use that.
Now he works on EAD and not H1B


So in a way he left country on H1 but entered on AP.

--- My 2 cents
 
I am working on H-1B, too, however entered the States twice on AP.


__________________

Bitterman,

do you have a valid Hi stamp on your passport before you leave US?? did they check your passport for the stamp when you enter? what comments do you have for the last posting about the trouble of SF entry?

thanks!!
 
Aa,

would you elaborate please on your friends situation? I did not understand , because if you intend to return on AP, you just show them AP anyway, and H1 approval notice may have nothing to do with this, question is, when you get back to your work place, and if you were on H1 , if you did not say you entered on AP, how did they know ? and how they may require you to swithch to EAD??

please comment , thanks
 
floating cloud,

Usage of AP should not invalidate your H1. Lack of a H1 stamp will not cause any problems since the H1 approval receipt is all the legality you need to work on H1. The AP that you use to enter the country does not signify a change of status. (Look up previous threads dealing with documents to take with you while travelling on AP.)

You don't need to apply for EAD after coming back though, it might be a good thing to do, it will give you more options.

Good luck and best wishes to your parents!

AaAbLautChalein,

While leaving the country, they don't check to see what visa you are leaving on basically because they don't care.

With regards to entering the country on H1. It is good your friend used his AP and not his H1. Because entering on H1 without ORIGINAL 485 receipt notice is considered grounds for abandonment of AOS.
 
Originally posted by floating cloud
... do you have a valid Hi stamp on your passport before you leave US?? did they check your passport for the stamp when you enter? what comments do you have for the last posting about the trouble of SF entry?
Click to expand...

No, I do not have a valid H-1B stamp in my passport. It has expired some two years ago. Although I do have an H-1B extension valid until the next year, I never bothered to put a new visa stamp in my passport.

Furthermore, I do not recall myself showing an original H-1B approval notice at POE, so I'd refrain from commenting on this one. An AOS applicant willing to enter the States in H-1B status must provide the immigration officer at POE with a copy of I-485 receipt, though (or may be an original I-485 receipt, don't remember).

Entering on AP, however, does not require any additional documentation. The immigration officer at POE might ask a couple of questions verifying if the AP is obtained through valid means, but that should be it.
 
Originally posted by floating cloud
do you have a valid Hi stamp on your passport before you leave US?? did they check your passport for the stamp when you enter? what comments do you have for the last posting about the trouble of SF entry?
Click to expand...

If you enter the country on AP, all they check in your passport is the authenticity of your passport and that you haven't visited so called "axis of evil" states. Then when you produce your AP, they send you for secondary inspection. I entered on AP in SFO a couple of months ago, and it was a cake walk. You do not need any supporting documents with the AP. Which is the beauty behind of using the AP.

BitterMan,

You absolutely need the original 485 receipt of travelling on H1! A copy will not do. I was planning on entering on H1 and sent an email to my lawyer saying the same, and wonder of wonders, my lawyer actually called me to advise me not to do so. (Her calling me was significant enough to take her advise seriously). She said that as I did not have my original 485 receipt at that time, I will be abandoning my 485 if I did so!
 
Originally posted by 140_takes_4ever
You absolutely need the original 485 receipt of travelling on H1! A copy will not do. I was planning on entering on H1 and sent an email to my lawyer saying the same, and wonder of wonders, my lawyer actually called me to advise me not to do so. (Her calling me was significant enough to take her advise seriously). She said that as I did not have my original 485 receipt at that time, I will be abandoning my 485 if I did so!
Click to expand...

You know, I never understood this "original" approval notice issue. What is the big deal about it? Whether a particular petition is approved and actually exists can be verified through their computer system, for which a receipt copy provides a tracking number.

The only plausible explanation I can think of is that it is their standard operating procedure and they are actually trained to look for original notices of action, not copies of. It is irrational, but understandable.

---

Anyway, I'll keep in mind that H-1B re-entry requires an original I-485 receipt. Thanks :)

And, by the way, the statement

The AP that you use to enter the country does not signify a change of status.

is not entirely correct. Entering on AP in fact, does signify a change of status - the person entered becomes an "adjustee" or "parolee". This, however, does not prevent this adjustee/parolee from continuing working on H-1B visa for the same company.
 
Originally posted by 140_takes_4ever
floating cloud,

AaAbLautChalein,

While leaving the country, they don't check to see what visa you are leaving on basically because they don't care.

With regards to entering the country on H1. It is good your friend used his AP and not his H1. Because entering on H1 without ORIGINAL 485 receipt notice is considered grounds for abandonment of AOS.
Click to expand...

Good point. When you are coming back to US on H1B while
your 485 is filed, one has to show original 485 receipt notice.
My question though is this: Is this a voluntary practice
to show your 485 receipt notice, or will the INS person
at the port of entry ask to see 485 receipt notice besides
h1b papers.

In short, does it pop up in the INS's computer system that
the candidate coming back to US on H1B has 485 filed and
so INS inspector at the port of entry will ask for 485 receipt.
Or is the responsibility of the candidate to show the 485 receipt.

Thanks.
JC.
 
Yeah! I am wondering about the same. Is it voluntary or do they ask for it. Because when I was traveling last year my lawyer just sent me a copy of my I-485 receipt and mentioned that they might ask for it. I was not asked for the document and I did not know about this rule so never presented it. I hope I haven't messed anything up here for myself.
 
Originally posted by justchecking
Good point. When you are coming back to US on H1B while
your 485 is filed, one has to show original 485 receipt notice.
My question though is this: Is this a voluntary practice
to show your 485 receipt notice, or will the INS person
at the port of entry ask to see 485 receipt notice besides
h1b papers.

In short, does it pop up in the INS's computer system that
the candidate coming back to US on H1B has 485 filed and
so INS inspector at the port of entry will ask for 485 receipt.
Or is the responsibility of the candidate to show the 485 receipt.

Thanks.
JC.
Click to expand...

Anyone has any suggestions on the above ?

Thanks.
JC
 
You must log in or register to reply here.
Top