how to continue to be on H1B status after using AP

R

remeron

Registered Users (C)
Hi

I am currently H1B. I had fmily based AOS interview in March.
Current status is pending FBI name check.


If I travel on AP and still want to continue on H1b, what is the process?
I understand that when you get paroled you get parole status I-94.
I must surrender my H1 I-94 at exit.
when I return the H1 approval notice will be sufficient for my H status ? or I need to apply for change of status once I come back.

I do not have a H stamp on my passport.
I enterd us last time on J1 status in 2001.
serving J waiver since 2004

will appreciate responses
 
remeron said:
Hi

I am currently H1B. I had fmily based AOS interview in March.
Current status is pending FBI name check.


If I travel on AP and still want to continue on H1b, what is the process?
I understand that when you get paroled you get parole status I-94.
I must surrender my H1 I-94 at exit.
when I return the H1 approval notice will be sufficient for my H status ? or I need to apply for change of status once I come back.

I do not have a H stamp on my passport.
I enterd us last time on J1 status in 2001.
serving J waiver since 2004

will appreciate responses
Click to expand...

Hmm, I am not 100% sure if this is right - I believe that if you don't have an H1B visa stamp on my passport when you return to the U.S. from another country, your H1B status is no longer valid. H1B requires that you get a visa stamp at the consulate outside of the country before returning to the U.S.

I don't fully understand your situation but if you have an EAD, you can work without the H1B. I am not sure what you meant by "apply for change of status once I come back"? Since you have your AP already, I assume you have already filed your adjustment of status?
 
thanks for the response

I want to be on H1B until I get greencard.
I want to travel but have no H1 stamp on passport and getting stamped in paskitan may take few weeks to month.
so i will use AP but then how can I convert back to H1B when I came back.
Cronin memo talks about extenssion of H1 after using the AP.
I have H1 approved till june 2007.
Memo does not say anything about people who use AP, have approved valid H1 petition. How can those people go back to H1 from parolee status.

If anyone has any idea please share
 
I think Cronin memo is talking about those people who already have the visa stamped on their passport. Since you aren't getting it stamped on your passport, but using the AP to enter the country, you would seem to have abandoned the H1B visa. But don't quote me on this :)
 
Status and visa stamp are two different thing. As long as one has valid "status", s/he can maintain H1 status even s/he entered the US with AP. Memo say "If one has valid and approved petition".

Cronin memo talks about extenssion of H1 after using the AP.
Memo does not say anything about people who use AP, have approved valid H1 petition.
Click to expand...
If one is not H1 status, s/he can not extend H1, therefore, the fact extension is allowed implies you are on H1 status.
 
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here is the confusion.
your status is determined by the I-94.
now I have i-94 saying H1 status.

when i use AP they will issue me with i-94 stating Parolee.

now I can assume that I can continue to work on H1 with the same employer and do not have to use EAD. At least thats what I understand from the memo. what do you think.?
Problem is I dont want to tell my employers that I am in the process if obtaining GC due to some issues.
 
now I can assume that I can continue to work on H1 with the same employer and do not have to use EAD. At least thats what I understand from the memo.
Click to expand...
Correct.
 
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