Jim, please advice on use of AP

R

RD2426

Registered Users (C)
My H1 is valid until 2005, but visa expired. I came across the following link on this forum, it says that it’s ok to travel on AP and as long as we go back to work for the same employer, H1 will still be valid.

http://www.hooyou.com/news/news011003h-1b.htm

But that’s the ONLY site that says so. I haven’t yet come across any other source of information, which says the same thing. Not even on the INS’s site. Also, from what ever I have read on this forum, it looks to me like we would loose our H1 status if we traveled on AP. At least that’s what every one seems to be saying. So I am a bit skeptical. I am not sure what to believe and what not. And hence I am unable to decide if I should spend $175 and also part from my passport for 3 months to revalidate my visa or not.

I would really appreciate if you could throw some light on this.
Thanks in advance
 
read up this forum's archives...




You are fine, as far as going back to H1 is concerned. AP is for travel , not for employment authorization. As long as the w-9 filed with employer indicates H1, you are fine.

State why you want to maintain H1, then we can give you more info about who else was successful in going thru that process...
 
Jaxen, thanks for replying.

My H1 is valid till 2005. I filed 485 in June 2002. I do want to maintain my H1 status until my 485 is approved. Not that I have any particular reason to do so, but none-the-less I would like to maintain my H1 status until I get my green card. At least I think it’s a good idea to do so...... so that I am not TOTALLY dependent on my pending 485. I always try to a have back up.

From what I have read on this forum, it seems like if I use AP when I enter US (after travel abroad), and I am stamped "parolee", it would nullify my H1. As a result I will then have to use my EAD to work.

But if I understood your reply correctly.... you are saying that if I use AP for traveling abroad, my H1 wont be nullified and I can continue working on H1 and my H1 status will be maintained as well. Is that correct??

I am not sure what W-9 is? Can you please tell me about it?
Thanks again.
 
Jaxen
Take it easy pal. No need to be arrogant. Nobody is forcing you to answer anything. If you want to answer to people’s post, that’s your wish and if you don’t then nobody is forcing you to do so. You can keep your snootiness to yourself, no need to flaunt it here. Nothing gives you right to talk rudely to people.
 
hi all,

according to my lawyer :

usage of AP does n't invalidate H1 status. We can come on AP bk to US and continue working on h1 and can extend h1. I came on AP and am working on H1. I still have n't got my EAD.
ND for EAD is : aug 26 2002 CSC EB2

Reason I used AP: I don't have my passport stamped with new H1 Visa and I lost my original H1 paper. (I got the duplicate 2 weeks bk).

I am planning to extend H1 by premium processing in April as my H1 will be expired in May.

I asked about marriage, whether wife will get H4 bcos my passport shows that I used AP. She (lawyer) said H visa has immigrant intenet, so if I marry, my wife could get H4 without problems.

Hi Jaxen
u could help me if my lawyer is right or not.

thx
Jongbong
 
RD2426

RD,

There is a difference between "paroled into US" and "admitted into US" .

When you enter with a visa - you are "admitted" and when you enter with AP, you are "paroled" [why this term I don't know - any crime committed ? Jim ? ]. An attorney will be able to explain the full legal implications / consequences.

Talk to a lawyer or wait for Jim's response on whether a parolee, who is not technically "admitted", can have an H1 status.

Try joining the chat session with Sheela Murthy on Mondays at 9:00 PM EST - if u r lucky she will answer your question.
 
Jingbong: Your lawyer is right. There are a few users in this forum who were successful in going back to H after AP.

And ravan, even paroled people can go back to H visa...
Paroled so that your adjustment of status can be suspended (like jail sentence will continue after parole) for a while and after U come back into US, 485 processing will continue. However this is not the practical thing INS does nowdays (ie. suspend 485 processing for AP exercisers...)

As for rd2426 : define arrogance...
 
I-485 - new H1b but not re-newal

Hello All,

I am currently on I-485 status. I have not re-newed or extended or transfered my H1b. It expired 3 months ago.

I plan to marry in April and I like to file for new H1b. My company is willing to file for new H1B. Can the company for new H1b?

Note: I used AC21 portablility and joined this new company recently.

Does applying for new H1b cause any issues to my current I-485?

At the time of filing for new H1b, do I have to be out of the country?

Is new H1b stamp in my passport necessary, for my wife to apply for H4?
 
company can file for new H1B (if possible retroactively from 3 months closer to the H1 expiry)
No issues with 485. But expect a RFE on employment.
No need to be out of US while applying for H1 (what is the pitch here?)
It is always better to get the H1 stamp. You can get both H1 and H4 at the same time.
Next time please start a new thread, instead of tagging on another's thread.
 
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