Novel questions for AP entry

E

EB1NIW

Registered Users (C)
Hi, Friends. I need your advice.

I searched this forum and can't find my answer. At present, my I140/I485 is pending and I am on H1B1 status, no H1B1 stamp. I am ready to use AP to come back USA. According to the Cronin Memo, I can be still on H1B1 status if I come back and work for the same employer, although it is a grey zone. The question is how I can reclaim this H1 status.

When I come back USA:

1) At present, I work for a University. Should I go to the international office, file some documents and let them revalidate my H1B1 status?

Or
2) Don't do anything. My H1 still remains valid. And my H1B1 status will be automatically kept until I extended H1b1.

Or
3) Some people told me another story. If you submit AP and all of H1 documents at the USA entry point, and you are lucky, you can obtain a "H1B1, D/S" stamp on your I-94 card, not "patroled until mm/dd/yyyy". So, that means you are really in H1 status. Is it true? Did anybody get this stamp on your I-94 card?

Thanks!
 
EB1NIW said:
Hi, Friends. I need your advice.

I searched this forum and can't find my answer. At present, my I140/I485 is pending and I am on H1B1 status, no H1B1 stamp. I am ready to use AP to come back USA. According to the Cronin Memo, I can be still on H1B1 status if I come back and work for the same employer,
--yes
although it is a grey zone. The question is how I can reclaim this H1 status.

When I come back USA:

1) At present, I work for a University. Should I go to the international office, file some documents and let them revalidate my H1B1 status?
-----no need
Or
2) Don't do anything. My H1 still remains valid. And my H1B1 status will be automatically kept until I extended H1b1.
--- that is correct
Or
3) Some people told me another story. If you submit AP and all of H1 documents at the USA entry point, and you are lucky, you can obtain a "H1B1, D/S" stamp on your I-94 card, not "patroled until mm/dd/yyyy". So, that means you are really in H1 status. Is it true? Did anybody get this stamp on your I-94 card?
----- ask this from" Some people" who told you the story if you belive them or ask your lawyer if you belive your lawyer

Thanks!
Click to expand...
 
Hi ginnu,
to confirm if he uses AP to come back ( and passport is not stamped for H1 stamp as is the case) , he will remain in H1 status if he keeps working for the same employer. In case of change of employer, can h1 transfer be done to remain on H1-B status. I'm also in a similar situation.

Thank you so much for you help.
 
itshuman said:
Hi ginnu,
to confirm if he uses AP to come back ( and passport is not stamped for H1 stamp as is the case) , he will remain in H1 status if he keeps working for the same employer. In case of change of employer, can h1 transfer be done to remain on H1-B status. I'm also in a similar situation.

Thank you so much for you help.
Click to expand...

Logically, if you use AP to reenter, you are considered parolled. But you can still transfer your H1 (if you still work for your original H1 sponsoring employer). So the best thing to do after such a situation is to leave country and get a new H1 stamp in passport and reenter back to get a H1 based I-94.
 
Hi Ginnu and jilag1,

what will happen if the H1 is rejected? Can you still come back to usa on advance parole? or at the port they won't let you enter because your nonimmigrant visa was rejected? Did anyone pass through this type of situation in which they entered usa on advance parole after the denial of their nonimmigrant visa?
 
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