How to re-instate H1 status? - To VASX6

wy2001

Registered Users (C)
Dear VASX6 and other gurus here,

How to re-instate H1 status if the present H1 status is simply invalidated by improper use of AP only (EAD not used), but the actual H1 expiration date has not reached yet? Use the original and get a stamp or apply for a new H1?

Thanks in advance,

wy
 
Get H1 stamped

Though u'r question is not clear I assume that U used AP when u still had H1.U can send H1 to st louis for stamping , or if u r visiting u'r home country , then u can get stamped.No issues at all
 
reinstalling H1

Hi,

My situation is pretty close. I used my AP last year while entering US since my H1 on passport had expired although company had filed H1 extension. In Jan 03 I got my H1 extension so I dont know whether I am on H1 or EAD (which I have not used).

Secondly I am getting laid off this month end so I want to switch. Can I use my H1 to transfer to this co or would I need to use EAD only. The reason I want to maintain H1 is so that I can bring my future spouse.

Pls help if you have the answers...

Thanks

Rahul
 
to all...

merely using AP to reenter while you are working on H1 does not invalidate the H1 (only using EAD does)... you can search these forums for detailed discussions on this subject. this rule has been in effect since june of 2000, to the best of my recollection.

if your H1 extention has been approved, you can apply to st. louis for stamping. i have heard that these days, st. louis is not being very cooperative, though (again, search these forums for details.)

to Rahul_need_help: if you already have another job lined up with a new employer, have them file an H1 transfer application for you before you get laid off, if you want to continue working on H1. once that app is filed, you could switch to the new employer while it is still pending. if there is a gap in your paychecks, i.e., you get laid off first, and then an H1 transfer is filed, then H1 transfer could be denied, as your existing H1 becomes invalid as soon as employment is terminated (so there is nothing to "transfer"). in this case your employer will have to file a fresh H1 application and you will have to wait for its approval before you can start working. then you would have to use your EAD since you surely would not want to remain unemployed all that while.

DISCLAIMER:

i am neither a lawyer nor an immigration expert, therefore the above should not be construed as legal advice or recommendation. please seek advice from a qualified immigration attorney before making any decisions.
 
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