I need this clarification ASAP. I received EAD for all my family and my H1 is due for renewal (As advised by everybody to keep H1 status for safty). My question is do I have to renew my 12 years sons H4 since inspite of having EAD he can not work due to age. If not what will be his status. Just "Pending 485" ?. He is planning to travel abroad whenever he will get AP and I know once you travell on AP your H status goes away but till then what to do?
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Minor Children on H4 - Need REnewal after EAD??
- Thread starter india62
- Start date
I need this clarification ASAP. I received EAD for all my family and my H1 is due for renewal (As advised by everybody to keep H1 status for safty). My question is do I have to renew my 12 years sons H4 since inspite of having EAD he can not work due to age. If not what will be his status. Just "Pending 485" ?. He is planning to travel abroad whenever he will get AP and I know once you travell on AP your H status goes away but till then what to do?
when you file the H1 extension you can file H4 extension of your son. better to file H4 extensions of all H4 holder dependents in the same envelope of your H1 EXt documents and all will be get approved same day and all will have same I-94 expiry date (Ask your lawyer to file your H1EXT and dependents H4 extension in same envelope) if you have EAD and dont use EAD and file H1 extension then you will be on H1 status. if you dont file your son H4 extension then he will be pending AOS status and will need AP approved in hand if go out and will need valid AP to reenter US. if YOU file H1 extension and your son goes out of US he can get H4 visa stamp based on your H1 status and can enter on H4 status.
** where did you read that if you travel on AP then H1 status goes away"
FYI if YOU H1 holder use AP to enter US and are going to work with same employer who filed YOUR latest H1 then you are on H1 status and can also file H1 extensions in future. if you use EAD for work then you are NOT on H1 status and dependents are also not on H4 status
Thanks "ginnu"
but I see diferent comments on this forum for H1 staus after use of AP
So would like to know if you have any confirmation on your quote
" ** where did you read that if you travel on AP then H1 status goes away"
FYI if YOU H1 holder use AP to enter US and are going to work with same employer who filed YOUR latest H1 then you are on H1 status and can also file H1 extensions in future"- If possible
but I see diferent comments on this forum for H1 staus after use of AP
So would like to know if you have any confirmation on your quote
" ** where did you read that if you travel on AP then H1 status goes away"
FYI if YOU H1 holder use AP to enter US and are going to work with same employer who filed YOUR latest H1 then you are on H1 status and can also file H1 extensions in future"- If possible
Thanks "ginnu" but is there any way we can reconfirm your quote
" FYI if YOU H1 holder use AP to enter US and are going to work with same employer who filed YOUR latest H1 then you are on H1 status and can also file H1 extensions in future."
Because I see different comment in this forum regarding H1 status after using AP what I have mentioned
" FYI if YOU H1 holder use AP to enter US and are going to work with same employer who filed YOUR latest H1 then you are on H1 status and can also file H1 extensions in future."
Because I see different comment in this forum regarding H1 status after using AP what I have mentioned
TheRealCanadian
Volunteer Moderator
Thanks "ginnu" but is there any way we can reconfirm your quote
Search for the Cronin Memorandum.
Thanks "ginnu"
but I see diferent comments on this forum for H1 staus after use of AP
So would like to know if you have any confirmation on your quote
" ** where did you read that if you travel on AP then H1 status goes away"
FYI if YOU H1 holder use AP to enter US and are going to work with same employer who filed YOUR latest H1 then you are on H1 status and can also file H1 extensions in future"- If possible
H1, AP
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
Read info from Murthy law office
http://www.murthy.com/chatlogs/chat0816.html
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.