Parole to H1 Status

[baby_mde]

After using Advance Parole, his/her status becomes Parole. He/she will be in this status until he/she applies H1B extension/transfer. After approval of H1B, his/her status becomes H1 status. Between Parole and H1B status, if 485 gets denied he/she must leave the country.

To avoid this, can she/he apply H1 extension immediately after using Advance Parole, even the current H1B is valid for 1 more year (Please note that the H1 extension just to change status from Parole to H1 status)??

Does USCIS can raise objections because of unnecessary work load??

Appreciate your thoughts.

 

[GotPR?]

I'm not sure if it's accepted. H1 extension is accepted 6 months before the projected start date. If start date is within the validity of H1, CIS may not accept your request. I guess you never know until you try.

 

[baby_mde]

I'm not sure if it's accepted. H1 extension is accepted 6 months before the projected start date. If start date is within the validity of H1, CIS may not accept your request. I guess you never know until you try.

I did not get you?? Why are you talkig about start date?
We have H1, which is valid until august 2008. Once he/she uses AP in March 2007 (for example), her/his status becomes Parole. Can he/she apply H1 extension in April 2007??

 

[GotPR?]

I did not get you?? Why are you talkig about start date?
We have H1, which is valid until august 2008. Once he/she uses AP in March 2007 (for example), her/his status becomes Parole. Can he/she apply H1 extension in April 2007??

Every H1 petition including brandnew/extension/transfer requires start date(actually, intended employment period) on it, thus you have to specify the start date when you file extension.
USCIS's stance is they accept a petition which has start date within the next 6 months.
If you file it in March 2007, your start date must be earlier than Sep 2007.

Now the question is if start date is within the validity of current H1 petition, what will happen.
I don't know, but it might be discretion of adjudicator ? You can try though.

 

[Hariya]

.... can she/he apply H1 extension immediately after using Advance Parole, even the current H1B is valid for 1 more year (Please note that the H1 extension just to change status from Parole to H1 status)??

baby_mde: Given the facts, I would rather file for a "change in status" form, and not an extension. I think it is Form 539.

In my opinion, once the parolee enters (parolee = immigrant status) and holds a valid H1 the parolee can request change in status (to non immigrant status) and according to an existing memo, the USCIS will comply as long as the H1 petition remains valid and issue a new I-94 indicating the change to a non-immigrant status with a new expiry date that matches the H1 expiry date.

In my experience, once the form is filed, the USCIS will issue RFE asking for clarification (probably to ensure the EAD/AC21 is not being used or to get confirmation on what is being asked for), which any good lawyer should be able to handle by invoking the particular memo.

However, I am no lawyer and my opinions may be incorrect.

HTH

 

[GotPR?]

I-539 is for H4, L2, B etc.
Every H1 application (extension, change of status, brandnew, transfer) must be filed with I-129.

 

[Hariya]

I-539 is for H4, L2, B etc.
Every H1 application (extension, change of status, brand new, transfer) must be filed with I-129.

If that is true then there is no other alternative but to file a I-129. Take a look here ...

http://tinyurl.com/y5frww

The I-539 form information does not take into account situation where H-1 applicant enters using AP *and* and extension is NOT desired - and that is a gray area.

 

[GotPR?]

It is not gray area. I-539 is not applicable when applying for H1.
Change of status to H1 is actually applying for new H1 that you are required to provide job details, employment period, LCA case#, wages. Basically, employment information is a must everytime you apply for H1 no matter what type(transfer, COS, brandnew, extension) of transaction it is. It is because H1 involves work authotization.