Please Help urgent

N

npanila

Registered Users (C)
I have a H1 transfer, but I did not use my transfer when I entered US last month. I used Advance Parole. Now My I 485 is having problem. Now In order to be in H1 status, My lawer says that I have to reenter using H1. So he suggests to go Canada. Is it possible. Do you guys know anything.

Please answer

Thanks
 
what problem are you having. You don't need to be on H1B. I guess, you don't have EAD.
You can also call INS customer service for the help.
 
I am also having same problem. I entered through advance parole and I have Hi extension till 2006. but I dont have H1 stamp on my passport. I got RFE issued on my I 485, which is hard to clear it is regarding my status. It was my company mistake. So I need to be back on my HI as per the lawer. How can I do this? Since i used my AP, i am no longer on my H1 status? Hence I need to reenter? Do I need to go back my country or I can enter from mexico or candada?
 
As far as I know, you just have to go out of US to any country and enter back again on H1B. You need to have a H1B approval with you when you enter plus your passport has to have a valid stamping on the date of entry. They verify your H1B approval petition and write the receipt number on the I94 under record of changes.

If you don't have a valid stamp or if your stamping on passport has expired, then you need to go to a US consulate with an appointment and get a stamping done based on the H1B approval. Some of my friends have gone and completed their stamping from US Consulate in Canada.
 
Can somebody explain what is the difference of getting back to H1 and using EAD afer using AP? Which one is better and why? I am very confused about this matter.
 
Arvind

Thanks

So we need to take appointment in Canada? Will there be any problem when I before entered in AP and now tried to enter through H1. I have H1 enxtension approval. Do you know how long does it take for appointment

THanks
 
As far as I know, if you enter using AP and then keep work for the same employer (did not use EAD), then you CAN keep your H1 status.

Why do you need to get the H1 stamped?
 
The I94 is the most important document that is used in determining the status of any alien who enters US on a non-immigrant visa.

No matter what your other papers say, you are allowed to stay only for the duration mentioned on your I94 and if you live without a proper I94 for more than 120 days, then you are considered to be out of status.

The I94 will be based on the document you show at the POE. If some one used his AP, then he is considered to be in AOS status and not a non-immigrant anymore.

In this case, since our friend used his/her AP, all he has to do is to get out of the country and enter back with H1 papers provided there is a valid visa stamping on the passport. If there is no valid stamping on the passport, then an appointment with the consulate is required.

Please consult an attorney to verify the facts just to make sure.
 
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