Is it possible to Go back to H1

U

user23

Registered Users (C)
Friends,

I used AP in Feb 2003 to re-enter USA even though I had H1 till this year end to avoid stamping at consulate. My AP validity ends this month. If want to travel back to India sometime this year can I go with my H1 and stamp it and come back.

Thanks
 
If you have a valid H1 you can always go out of the country get stamped and enter into US as H1 .

You can do this even if you work now on EAD
 
CoolDesiDude / ar888

Thanks guys. I have used EAD for doing some part time Job. According to my lawyer, If someone re-enters using AP, they are considered parolee and technically H1 gets Nullified. That’s kind of confusion I have...
 
Your lawyer is correct because you have used EAD

You are on H1 if you enter with AP AND you continue working with the same employer who filed your latest H1 and you should not use EAD if you want to remain on H1 after entering on AP
Read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

But you have used EAD and you are not on H1 status and you need AP to reenter better apply AP immediately
 
Hi ginnu,

You mean we can use H1 to work for the same employer after entering US with AP. If I am going change employer, do I need to use EAD or I can still use H1 just by H1 transferring?

Thanks!
 
You mean we can use H1 to work for the same employer after entering US with AP.

---YES, you are on H1 if working for the same employer who filed your latest H1 and can also extend H1
If I am going change employer, do I need to use EAD or I can still use H1 just by H1 transferring?

You can use EAD or can transfer H1 if on H1 status and better file H1 transfer through a good lawyer who knows all the MEMO or give him the printout of the above posted Memo
 
You must log in or register to reply here.
Top