is this case possible?

K

kim750

Registered Users (C)
I-140 approved, fingerprint is done, I-485 is pending.

H1b is being transferred and ref was sent. I did not reply to REF yet (due date is June), instead, I filed for work permit.

Now, I have to visit my home country and intend to reenter the US using travel permit (which I have already).

So, to summerize, when I return, my H1b will be still in the process (transfer) and work permit would not yet issued. In this particular situation, entering the US with advance perole would japerdize my status or working?

I would appreciate any suggestions.
 
kim750 said:
I-140 approved, fingerprint is done, I-485 is pending.

H1b is being transferred and ref was sent. I did not reply to REF yet (due date is June), instead, I filed for work permit.

Now, I have to visit my home country and intend to reenter the US using travel permit (which I have already).

So, to summerize, when I return, my H1b will be still in the process (transfer) and work permit would not yet issued. In this particular situation, entering the US with advance perole would japerdize my status or working?

I would appreciate any suggestions.
Click to expand...

Returning with AP makes your status "adjustee" and invalidates your H1B. You need an approved EAD to continue working.

Brian
 
I am not sure that is correct. I believe it is possible to return on AP and to be able to continue on H-1B. That was my understanding but could be wrong. Please double check.
 
I am posting this from lawyer murthy's forum:

Chat User 2 : Can I reenter the USA on advance parole (sponsored by my spouse's employer), and still work on my H-1 which is sponsored by my employer? I don't have a visa for my H-1 and would like to use the advance parole. Thanks in advance.

Attorney Murthy : This issue is not entirely clear. A person is possibly allowed to work on the H1B and/or the EAD even if s/he enters on H1B status. The safer route is to have filed an EAD application before departing so that the EAD will allow one to state that s/he could have worked in either category. The Legacy INS Memos of March 2000 and May 2000 allow one to be able to file an H1B extension of status even if s/he entered the U.S. on the AP, which could lead to the conclusion that the USCIS would not object to the person's working based only on the H1B, though this issue is not entirely clear.
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Posts: 163 | Registered: December 16, 2003

Sweat4GC
Member posted February 19, 2005 10:56 PM
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My husband consulted his attorney.
As per his attorney by entering using AP does not result in loosing H1B. In my case my husband has L1A and I have H1B. My AP will be based on my Husbands I140 and I485. Technically we are not depend on each other and hence my H1B is not affected

Hope this helps but if you want ot be sure consult an aila attorney. They will charge around 100 dollars. You will at least have peace.
 
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