Is H1B valid if entered on Adv Parole?

ymghadia

Registered Users (C)
Hi,
Back in Sept I ( and my wife) received my EAD and in Nov 07 we recvd our Adv. Parole docs. I am/was on H1B and wife on h4. My h1 was expiring in Oct 07 so my employer had already applied for the renewal and i received it. In dec 07 i traveled to India/Bbay and got the H1b stamped at the mumbai consulate. My wife didnt get the h4 stamped. At newark airport here when I returned i presented my H1 visa for entry and got it. But when my wife came at the counter she gave the AP papers and the officer asked me if i had recvd mine and I said yes ( truthfully). Then the officer took back the entry on the h1 status from the i-94 and got another officer and they both told me i was supposed to enter on AP and not h1b since i had Ap papers. I told them that i want to enter on H1b and not AP but they completely refused and i was sent to the back office and was basically Advanced paroled into US.

My question:
1. Is my work status H1B or EAD? ( My employers claims that we dont need to do anything. basically they will consider that i am on h1b. I want to confirm this. Its a big company and sometimes you get diferent responses from different people.)
2. Is my H1B visa totally nullified because i didnt enter on it and my i-94 does not reflect that?
3. My new H1b visa expires in Oct 08 and my EAD expires in Sept08? Is it recommened to renew the H1b again or would i come in a new fresh applicant and will be subject to the new H1b quotas. ( I will be applying for EAD anyways to keep it as a back up).

Thank you for responding to my questions and reading my story with patience.
Yusuf.
 
My question:
1. Is my work status H1B or EAD? ( My employers claims that we dont need to do anything. basically they will consider that i am on h1b. I want to confirm this. Its a big company and sometimes you get diferent responses from different people.)
Using AP to enter the US does not void H1 as long as you have valid H1 paper, but somehow rule is strange and your status is "authorized stay based on pending AOS", however you are allowed to work under H1.
Officers were wrong. You should have been able to use H1 to enter as H1 is dual intent.

2. Is my H1B visa totally nullified because i didnt enter on it and my i-94 does not reflect that?
Your H1 visa should be valid.
3. My new H1b visa expires in Oct 08 and my EAD expires in Sept08? Is it recommened to renew the H1b again or would i come in a new fresh applicant and will be subject to the new H1b quotas. ( I will be applying for EAD anyways to keep it as a back up).
Renew H1 if your employer agreed.

Thank you for responding to my questions and reading my story with patience.
Yusuf.
.
 
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