Just entered on AP, now what, H1 or EAD?

P

patnams

Registered Users (C)
Hi Folks,

Both me and my wife have separate situations here.

1. I left while on H1 (valid till future date) and entered on AP. Must I use EAD now? The I-94 card is Stamped as AOS for 1 year (I did not mention anything about H1 to the officer at LAX yesterday). I would like to remain on H1 instead of EAD as my 140 is still pending.

2. My wife filed for H1 Transfer with another employer, she got the receipt notice "before" we left but she did not start working. She too got back on AP. Same question, must she use EAD now?

Please help.
 
patnams said:
Hi Folks,

Both me and my wife have separate situations here.

1. I left while on H1 (valid till future date) and entered on AP. Must I use EAD now? The I-94 card is Stamped as AOS for 1 year (I did not mention anything about H1 to the officer at LAX yesterday). I would like to remain on H1 instead of EAD as my 140 is still pending.

2. My wife filed for H1 Transfer with another employer, she got the receipt notice "before" we left but she did not start working. She too got back on AP. Same question, must she use EAD now?

Please help.
Click to expand...
1. It is your choice. You may continue on H1b or get on EAD. You are not forced to switch to EAD.

2. Same.

Check:

http://www.immigrationportal.com/showpost.php?p=939106&postcount=47
 
Thanks for the reply. I have a generic question based on my earlier question.
Suppose if a person comes from abroad when his/her H1 extension (or any other application) or Transfer is pending, will the USCIS be aware of the new I-94 number? Will they see the latest when they try to approve an applicaion?

Thanks
 
patnams said:
Thanks for the reply. I have a generic question based on my earlier question.
Suppose if a person comes from abroad when his/her H1 extension (or any other application) or Transfer is pending, will the USCIS be aware of the new I-94 number? Will they see the latest when they try to approve an applicaion?

Thanks
Click to expand...
Typically when you travel abroad when H1 extn is pending, that application is abandoned.

You'll get into trouble when you try to enter (on that H1).

Travel abroad only after you get the H1 extension APPROVAL (receipt is not sufficient).
 
patnams said:
Thanks for the reply. I have a generic question based on my earlier question.
Suppose if a person comes from abroad when his/her H1 extension (or any other application) or Transfer is pending, will the USCIS be aware of the new I-94 number? Will they see the latest when they try to approve an applicaion?

Thanks
Click to expand...

That I am not sure of, but probably not. People always get a different I-94 number.
 
max2k1 said:
Typically when you travel abroad when H1 extn is pending, that application is abandoned.

You'll get into trouble when you try to enter (on that H1).

Travel abroad only after you get the H1 extension APPROVAL (receipt is not sufficient).
Click to expand...

max2k1, with all respect, you are 100% wrong.

I once came on a H1 transfer receipt notice. I was already working for the new company and when the officer asked if I was working for the company on the Visa, I said no and produced the transfer receipt notice xerox copy. They promptly processed me into the contry with I-94 date ending on Visa stamp ending date.
 
Hi once again

As I indicated, my wife returned on AP while her H1 transfer was pending to a new company. She did not start working with the new company before she left. Now her H1 is approved with an I-94 issued.

Is she ok to work on H1 now?

Which I-94 does she have to submit when filing for a later extension, the one she got when she returned on AP or the one that came with H1 approval?
 
Q1.I read some article about AP vs H1B. Using AP to enter USA will make you change to Parolee status. Parolee status does not allow work unless you have a valid EAD. But you can apply H1B extension to change back to H1B. So you should be able to go outside USA to get a H1B visa stamp.

Here I copied some chat content from murthy website.

Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.

Q2. If your wife got the H1B transfer approval AFTER using AP, I think she is under H1B status, since H1B approave revalidate her status back to H1B, but this is only my personal thoughts.

I am NOT a lawyer, so just for your reference.
 
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