Parole status & Loosing Job

M

madgu-gc2005

Registered Users (C)
Hi guys,

I am planning to go out of the country during May this year for a conference and I have the travel document. So once i come back to US i will be on parolee status. My EB-2 NIW is approved and 485 is pending and also my EB-1ea might also be pending (who knows). If my job goes off during my parole status can I get back to H-1B if some university wants to hire me on H-1B. I have to think in the long run.

I appreciate your feed back.
 
If you use your parole, then you will loose the H1 status? is that correct? and once you loose H1B, then you cannot get H1 unless you move to a different country and apply for H1.
 
As long as you do not use your EAD you can keep your H1B status. AP does not affect it, as one of my colleagues is doing that.
 
good_y said:
If you use your parole, then you will loose the H1 status? is that correct? and once you loose H1B, then you cannot get H1 unless you move to a different country and apply for H1.
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I know that you can get back to your H-1B and there is a cronin memo which says that as long as you have H-1b period is valid (after you use your advance parole) and you work with the same employer then you can apply for extension of H-1B. so you will get back to your H-1B and you need not go out of the country. I know your I-94 (parolee period I think it is for one year) might expire. But you will be on H-1B. Little bit confusing right!!!
 
I think this is a good thread to state my situation.
I work for an University, I have H1B till sept 2009 (it is not stamped on my passport), I have 140 approved EB1-OR TSC. I have EAD and AP approved. Now I will be going to India for a month march to April, I am planning to use AP, (would not like to go to Chennai Consulate) after I come back.
1) Should I start using EAD?
2) Should I notify University that I had used AP?
Please throw some light on this?
Rama
 
rama_9193 said:
I think this is a good thread to state my situation.
I work for an University, I have H1B till sept 2009 (it is not stamped on my passport), I have 140 approved EB1-OR TSC. I have EAD and AP approved. Now I will be going to India for a month march to April, I am planning to use AP, (would not like to go to Chennai Consulate) after I come back.
1) Should I start using EAD?
Dont excercise your EAD and as long as you work with the same employer after your foreign travel using AP you should be fine.

2) Should I notify University that I had used AP?

You can inform your international office. Because whenever you go out and come in you have to give a copy of your I-94. That is what we do in our university.

Please throw some light on this?
Rama
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Thanks for the info guys. So it really does not matter if I have the visa stamped on my passport or not?
Then that should be fine by me, I have no intention of changing my job right now, and dont see it in near future too, so it should be fine.
Thank you again
Rama
 
Becareful Rama about this issue. I have been told that the H1 VISA holders will not loos their status if they use Advance Parole but not EAD.
But you don't have H1B visa in your passport. It is only an approval notice. the above case may not be applied to you. I also have the same condition as you. I was told the same thing. I don't say I am 100% sure, just ask more about this isuue. If you could get more info, please let me know about this too.
Anyone else can shed light into this?

Thanks
 
Hi,
Reza-EB2 NIW
Yah! I was talking to my lawyer, she did raised the point of visa being not stamped on the passport, She says that H1 approval is not longer valid, and I have to work on EAD. But mu search will not end here i will post as and when I get some info. Keep in tune
Rama
 
Reza-EB2 NIW said:
Becareful Rama about this issue. I have been told that the H1 VISA holders will not loos their status if they use Advance Parole but not EAD.
But you don't have H1B visa in your passport. It is only an approval notice. the above case may not be applied to you. I also have the same condition as you. I was told the same thing. I don't say I am 100% sure, just ask more about this isuue. If you could get more info, please let me know about this too.
Anyone else can shed light into this?

Thanks
Click to expand...

Hi Reza,

You made a good and valid point. I do not have valid H-1B visa and have only the document I-797 and extended I-94. When I contacted our international office the director told me that I can get back to H-1B status (from parole status) when I go for extension of H-1B. Now I am really confused. Reza! do you know anybody who had similar kind of experience?
 
Hi Reza
In light of this matter, I heard that these days you can get your H1 stamped in india, by drop box, if it is a renewal. Is this true or do we need to set up an appointment? Presuming that you are from India?
Any idea?
Rama
 
Rama,
I am not from India. So I can not help you much about this. I suggest you to get your visa renewal while you are in India.

Good Luck,
Reza
 
Thank you Raza
Yah! I think I should renew my H1 in India,
I talked with my H1 adviser at the University, even she is under dilemma, about my situation, she said she will come back with an answer after talking to her supervisor. Will let you know, what goes on...
thanks again
Rama
 
use H1B

I have a valid H1B and a AP approval. When my lawyer gave me the approval he told me this: "Use your H1B visa until its expiry".
 
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