If I use AP, will I loose my H1B? Plz. help

M

Malik_Labor

Registered Users (C)
If I use AP to re-enter USA do I loose my H1b Status? Do I have to use EAD to continue my work with same employer who sponsered my H1 and 485, once I have used AP to re-enter USA?

Plz. comment
 
i heard both.....
1.If you use AP you loose your H1B status
2.Use AP and work on H1B


waiting for correct source and reply regarding AP..
 
TheRealCanadian said:
No. Please search for the term "Cronin Memorandum" to learn more.
Click to expand...

RealCanadian,
I searched for Cronin Memo and looks like that was just a old Memo (2000) and was controversial even at that time. Many articles at that time (from law firms) said, the interim memo would be overridden soon, etc. Not sure if the memo is still in tact and used. Please inform us if you have any information regarding that.
 
Using AP does not void your H1

Last year I used my AP to re-enter the US.

When I came back my company had to file an amendment, which brought me back to H1 status.

Thanks

Narayanan
 
TheRealCanadian

TheRealCanadian said:
No. Please search for the term "Cronin Memorandum" to learn more.
Click to expand...

Alway appreciate your valuable inputs and many others. I posted the exact same question as the OP on another forum where the attorney answers questions regularly. His answer was once one uses AP, he/she must use EAD to work. Then I saw your post and searched the memo as you mentioned and asked the same attorney regarding the memo. The attorney has not answered my post yet.
 
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.
 
Yes.

Trust me. I did a lot (I mean a lot lot lot) of research before I even went to India as I didn't want to loose my H1B and not willing to go for a stamping.

There is a lot of skepticism in this topic.

Yes. It is possible to file a simple amendment that will cost you $200 to file that will bring you from "Parolee" status to "H1B".

But must file that within your AP end date OR I-94 end date which ever is earlier.

But remember that if you use your EAD to work you cannot go back to H1B.

I might even have a document that describes about the terms. Let me check.
I think I found the document. I am attaching it with this message.

I even have a message from Mr. Rajiv.
=============================================
According to Mr. Khanna you can continue to work for the employer in H-1 status if you have entered the US in parole status provided that you do not start to work based on your EAD. You just continue to work based on your valid H-1 approval notice and apply for an extension prior to the expiration date of the I-94. Once you apply for the extension and the petition is approved it will automatically cancel the parole status. Please refer to page 2 point number 3 of the memo that I have earlier sent to you.
=============================================
 
Entering as a parolee?

s_narayanan said:
Trust me. I did a lot (I mean a lot lot lot) of research before I even went to India as I didn't want to loose my H1B and not willing to go for a stamping.

There is a lot of skepticism in this topic.

Yes. It is possible to file a simple amendment that will cost you $200 to file that will bring you from "Parolee" status to "H1B".

But must file that within your AP end date OR I-94 end date which ever is earlier.

But remember that if you use your EAD to work you cannot go back to H1B.

I might even have a document that describes about the terms. Let me check.
I think I found the document. I am attaching it with this message.

I even have a message from Mr. Rajiv.
=============================================
According to Mr. Khanna you can continue to work for the employer in H-1 status if you have entered the US in parole status provided that you do not start to work based on your EAD. You just continue to work based on your valid H-1 approval notice and apply for an extension prior to the expiration date of the I-94. Once you apply for the extension and the petition is approved it will automatically cancel the parole status. Please refer to page 2 point number 3 of the memo that I have earlier sent to you.
=============================================
Click to expand...

Thanks for the great information. Based on your personal experience, how easy/difficult would it be to enter as parolee? Anybody else who has tried to enter as parolee and has encountered difficulties? I am on H1-B but have no stamp and want to avoid getting it (i.e. dealing w/ the local US embassy).
 
Last edited by a moderator:
entering on AP

I used my AP to enter USA in feb 2005, and i did not loose my H1B Visa. I am still on H1B Visa, all you have to do is to file an H1B amendment once you use your AP to come inside and you are back on H1B. As far as loosing your H1B status for using AP is considered its Untrue, but if you use your EAD you will loose H1B status.

Hope this helps
Miane Pharmacist
 
You people keep on talking about an amendment. Can someone be nice enough and let us all know how this thing is filed and where? I hope I dont need to do a lawyer to file this as I am sick and tired of my current lawyer.

I would appreciate your response.
 
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