Immigration FAQ for Moderator

J

jbm

Volunteer moderator
Hi Rajiv,

As you suggested I am posting question with my summery, let us know your thoughts.


The questions we discussed many times and we found different answer and experience from different people.

The question is whether by using AP to re-enter to U.S.A. invalidate H status or not?

As we assume I-797 (h1 petition) is valid by working with same employer for h visa and don't have visa stamp on passport.
While I-485 is pending and never used EAD.

And what steps we have to take to revert back to H status like
1. New h1 application,
2. H1 extension application or
3. Enter U.S.A. with new I-94 card or
4. Enter U.S.A. with new visa stamp?


http://boards.immigrationportal.com/showthread.php?s=&threadid=85321

Thank you,

JB
 
Last edited by a moderator:
Originally posted by jbm
Hi Rajiv,

As you suggested I am posting question with my summery, let us know your thoughts.


The questions we discussed many times and we found different answer and experience from different people.

The question is whether by using AP to re-enter to U.S.A. invalidate H status or not?

++++++++++++++It does not invalidate, but inactivates the H-1. When you enter using AP, technically, you are not entering on a visa. You are entering on Parole. If you wish to reactivate an existing H-1 in such a situation, just step outside USA and reenter using the old, unexpired H-1 visa.

As we assume I-797 (h1 petition) is valid by working with same employer for h visa and don't have visa stamp on passport.
While I-485 is pending and never used EAD.

And what steps we have to take to revert back to H status like
1. New h1 application,
2. H1 extension application or
3. Enter U.S.A. with new I-94 card or
4. Enter U.S.A. with new visa stamp?


http://boards.immigrationportal.com/showthread.php?s=&threadid=85321

Thank you,

JB
Click to expand...
 
Bitterman has responded with a link to a memo! The usvisanews item "looks" legitimate.
And I have personally experienced this (although it was before AC21) and was able to go back to h1 after using AP...
It will definitely be helpful to provide your insight into this.
 
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