Pls clarify..useing H1 after entering on AP..

G

Greenbay

Registered Users (C)
Hello freinds,

I saw this on murthy chat forum.


Chat User : Does one lose H-1 status if s/he used advance parole for returning to the USA?

Attorney Murthy : A person is allowed to use AP to reenter the U.S. and is also allowed to file an H1B extension soon after reentering on AP, and then revert to H1B status. Review the March and May 2000 Legacy INS Memos, which we have written about on our website and posted summaries of those articles.


I recently entered on AP and I am still on H1B with my GC sponsored employer. My current H1B is valid until May 2006 and my I-485 is pending since 1 year.I too have EAD. But haven't informed to my company.
Immi Inspector stamped on my passport and on I94 card as AOS until March 5th 2006.


So, is she saying that when referred to my case, I am fine and again I can file H1 extension (7th year) next year in may end 2006 if I-485 is not approved by that time???

Pls give your thoughts.

Thanks and GL to all in getting GC approvals.

GB
 
Greenbay said:
So, is she saying that when referred to my case, I am fine and again I can file H1 extension (7th year) next year in may end 2006 if I-485 is not approved by that time???
Click to expand...

Yes, if you are currently working on H1, you can file for extention. Usage of AP does not change your status.
 
yes, pralay is correct. I enter US in Jan this year by AP. I did not lose my H1 status. I check this issue with attorney before. You still need to fill I-94 card when you enter US but you have to go to different window in the immigration office at airport. If your H1 is going to expired, you are able to file extension again.
 
I am working on H1, entered recently on AP, applied for H1 extension and was approved 10 days back. So have the new I-94 based on H1 now.
 
Confused..

Hi Guys,

Already I have valid H1B until May 2006. So still I need to file again H1 with NSC?? Its nearly a month over now for me after using AP at POE and started working witht he same employer...

Pls clarify as shud I file again H1 or can I use EAD??

I don't know ..my company para legal is not that knowledgable..

Thanks
GB
 
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