Need advise guys about AP & EAD

[Rahul_need_help]

Hi Friends,

I need some help......

My 485 was filed in Dec 2001 and I have an EAD card.. I have been working on H1 since 3+ yrs. My 1st H1 expired last Oct 2002. Last year I had to go to India for some urgent work in Sept & where I met an accident. While I was there my H1 expired though H1 extension had been filed.

Since I had to be back by Jan 03 I used my AP to enter US as my 1st H1 had expired. My H1 extension came in Jan after 15 days of my entering the country...My question to you guys is:

1. Since I used my AP to enter, does it mean I cannot work on H1 anymore.? I have an extended H1 but not stamped.
2. I am getting laid off next month and I need to work with a new employer. I would ideally like to work on H1 since I am still single at the moment. Else I will have to use EAD..Can I transfer my H1 ?
3. Are there any repercussion of using AP and then again working on H1.

I am really confused on this as people are having diff views on this..Pls advise GURUs..

Rahul

 

[tt tt]

Ok read on.

I got my info from www.usvisanews.com..go to wednesday's questions archives and search for the words "advance parole
H1 dance ".

It seems according to that website that you can get back on H1 status after using AP to enter the USA. Your best option is to start working for the new employer on EAD and ask them to start to file a H1 before you actually get laid off...use preimum processing.
Once your H1 is approved...your latest I-94 will be for H1 status and you are back on track. Check this option out with a lawyer.
Make sure that your Parolee status I-94 number is the same as the I-94 that comes with the H1 approval notice of the new employer.

Next time you back to India, use the new H1 approval notice to get yourself a new stamp and re-enter on H1 status and visa.

Once again I cannot stress enough the need for you to get a good lawyer's advice....

To answer your Qs in short:
1) You can work on H1 after using AP.
2) Yes you can transfer your H1..but it might be a COS since you will be changing status from parolee to H1-B. However no harm done since you can work in the mean time on EAD.
3)Nope H1 is a dual intent status..no one can hold your AP entry to deny you a H1 status.
once again get a lawyer..get a lawyer..get Jim M.'s advice.