Most conflict question on AP: Ginnu and others your opinions:

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Does entering on AP voids primary H1 status, and then spouse H4 status. Murthy says no and one of her attorney says yes.

Completely opposite answers from Murthy's interpretation and answers from Murhty's lawyers. What is correct?

Murthy answer:

INS Guidance on H-1 / L-1, EAD and Advance Parole

- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.


Attorney's answer on Murthy's Forum:


If a person on an H-1 travels abroad and uses the AP for re-entry, then they are no longer on H-1. However, if their H-1 is extended after the AP entry, they are considered to be back in H-1 status. (Even if the extension request was filed before departure---as long as the decision is made after return.)
Even if the person enters on AP it is possible to get the H visa revalidated if all the requirements are met. It would then be ok to leave and reenter on the H, if coming in to work for the H employer only.

Entry on the AP will not nullify the H-1 visa or H-1 petition. I will take the individual out of H-1 status during that particular stay in the US. Presuming that the individual returns to work with the H employer, they could resume H-1 status by filing an extension in the US OR by departing and reentering as an H-1.
It would not be necessary to depart/reenter prior to obtaining the H-4-for the spouse-this could be the required departure/reentry.
 
My best Travelling option

My current status:

• The current Visa stamping on my passport is from previous employer, which expires on 31 Jan 2004 and I-94 as well.
• I have H1B approval notice from my current employer and that is valid till SEPT 2004.
• I filed I485, EAD and Advance Parole on Nov’ 7th 2003, So I should get my EAD and AP by mid of January 2004.

My Travel options:

I am planning to go to India on 1st/2nd week of January 2004 (can not postpone it) because of some personal problem, then which is the best option for me from all aspects?

Option - 1:- Leave USA on last week DEC03 and be back on 24 of JAN04 using current stamping .
Question –
• Is there any problem if I am using H1B approval notice from current employer and visa stamping from previous employer.
• Is there any problem if I am coming back just 5/6 days before my current visa stamping expires?
• What I-94 expiration date will be given by custom officer in USA at the port of entry ? Will it be for 6 days or so ..?

Option - 2:- Go to India on first week of January 04 and get it stamped in American consulate and come back. (which I don’t prefer).

Option - 3:- Apply for visa validation at St Lewis (need to send original passport) and wait for 4/5 months to get the passport and then go to India. (I wont prefer this option as I have to be in India by mid of January 2004).

Option - 4:- Wait for AP and then go to India using that.
Question –
• Using AP, can I enter USA after 31 Jan 2004 as my visa stamping expires on 31st of Jan04 and I-94 as well.
• If I am coming back with AP, then what will be my status? Can I continue my work as usual using H1B again..?

Last questions:- If possible, can I go after 31st JAN 2004 using H1B or AP ? because I-94 expires on 31st Jan 2004 or I have to go before it expired.


Appreciate your comments.

Thanks
 
My current status:

• The current Visa stamping on my passport is from previous employer, which expires on 31 Jan 2004 and I-94 as well.
• I have H1B approval notice from my current employer and that is valid till SEPT 2004.
• I filed I485, EAD and Advance Parole on Nov’ 7th 2003, So I should get my EAD and AP by mid of January 2004.

My Travel options:

I am planning to go to India on 1st/2nd week of January 2004 (can not postpone it) because of some personal problem, then which is the best option for me from all aspects?

Option - 1:- Leave USA on last week DEC03 and be back on 24 of JAN04 using current stamping .

----- You are correct show your passport Visa stamp AND H1approval notice that is valid till Sept 2004 at POE then you will get I-94 till the H1 approval notice
Question –
• Is there any problem if I am using H1B approval notice from current employer and visa stamping from previous employer.
-----NO
• Is there any problem if I am coming back just 5/6 days before my current visa stamping expires?
----NO
• What I-94 expiration date will be given by custom officer in USA at the port of entry ? Will it be for 6 days or so ..?
----- if you show H1approval you will get I-94 till September 2004
Option - 2:- Go to India on first week of January 04 and get it stamped in American consulate and come back. (which I don’t prefer).
----- if it is Chennai consulate avoid it
Option - 3:- Apply for visa validation at St Lewis (need to send original passport) and wait for 4/5 months to get the passport and then go to India. (I wont prefer this option as I have to be in India by mid of January 2004).
------ do it after you come from Visit
Option - 4:- Wait for AP and then go to India using that.
----- No need , you have Valid H1 stamp from past employer and H1 approval notice enter US before Visa stamp expires
Question –
• Using AP, can I enter USA after 31 Jan 2004 as my visa stamping expires on 31st of Jan04 and I-94 as well.
------ Yes, you can
• If I am coming back with AP, then what will be my status? Can I continue my work as usual using H1B again..?
----- You can be on H1 if you continue working with same H1 holder employer after entering with AP, don’t use your EAD
Last questions:- If possible, can I go after 31st JAN 2004 using H1B or AP ? because I-94 expires on 31st Jan 2004 or I have to go before it expired.

------ After the date Visa expires, you have to enter on AP or get H1 visa stamped till September 2004. you can go out after I-94 expires as you have filed I-485 your status at this time is H1B and adjustment pending.
 
• If I am coming back with AP, then what will be my status? Can I continue my work as usual using H1B again..?
----- You can be on H1 if you continue working with same H1 holder employer after entering with AP, don’t use your EAD


What about H4 of spouse. Does her H4 status valid, if our H1 status remain as it is if we use AP and work for the same employer after return?

The memo didn't mention about spouse's H4 status.
 
Last edited by a moderator:
Re: My best Travelling option

Best Options is better to sned the passport to St lewis. and If u go after 31st jan. it is not a prob, coz you got H1 papers with you. u said I-94 expired(it is not expired coz, u got new H1)

And coming to your Old Employer H1, coming back to US there are lot of probems. Coz US customes may be ask you Pay slips or Emp Letter.

Note: This is my Exp only.
Thanx.

[
QUOTE]Originally posted by givemeLC
My current status:

• The current Visa stamping on my passport is from previous employer, which expires on 31 Jan 2004 and I-94 as well.
• I have H1B approval notice from my current employer and that is valid till SEPT 2004.
• I filed I485, EAD and Advance Parole on Nov’ 7th 2003, So I should get my EAD and AP by mid of January 2004.

My Travel options:

I am planning to go to India on 1st/2nd week of January 2004 (can not postpone it) because of some personal problem, then which is the best option for me from all aspects?

Option - 1:- Leave USA on last week DEC03 and be back on 24 of JAN04 using current stamping .
Question –
• Is there any problem if I am using H1B approval notice from current employer and visa stamping from previous employer.
• Is there any problem if I am coming back just 5/6 days before my current visa stamping expires?
• What I-94 expiration date will be given by custom officer in USA at the port of entry ? Will it be for 6 days or so ..?

Option - 2:- Go to India on first week of January 04 and get it stamped in American consulate and come back. (which I don’t prefer).

Option - 3:- Apply for visa validation at St Lewis (need to send original passport) and wait for 4/5 months to get the passport and then go to India. (I wont prefer this option as I have to be in India by mid of January 2004).

Option - 4:- Wait for AP and then go to India using that.
Question –
• Using AP, can I enter USA after 31 Jan 2004 as my visa stamping expires on 31st of Jan04 and I-94 as well.
• If I am coming back with AP, then what will be my status? Can I continue my work as usual using H1B again..?

Last questions:- If possible, can I go after 31st JAN 2004 using H1B or AP ? because I-94 expires on 31st Jan 2004 or I have to go before it expired.


Appreciate your comments.

Thanks [/QUOTE]
 
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