Status after using AP

K

Kamalkk

Registered Users (C)
Hi Gurus,

Few questions after using AP..I really appreciate for your
valuable answers.


I've recently travelled to my home country used AP to reenter US, I still have
my H1B approval till 2009 and no H1B visa stamp in the passport, what happens
to my H1B status ?

and there is a date stamped
on my AP at the immigration saying parolled until May'08 which is exactly
one year from my entry what exactly this means what happens to my parolee
status after Mar'08.


My wife is derivative of my 485 and had H4 valid till 2009 and using the EAD for work,since she did not leave US what will happen to her H4 status and what is her current status would be.??

How can we both maintain H1/H4 status??


TIA
 
From what I understand, since you re-entered on AP, you status right now is "adjusting status to permanent resident". You H1 is void since you did not enter on H1 visa.

When your wife started working using the EAD, she also moved to "adjusting status to permanent resident". Her H4 status is also void.

Your H1/H4 is not exactly cancelled, it's just void and not applicable currently.

If either of you want to go back to H1/H4 status (since your permission is valid till 2009), then you would need to leave the country and enter on a H1/H4 visa as opposed to AP. Or you might be able to file a petition with USCIS to change your status (I don't know why you would want to do that).
 
Hi mwalam,

Thanks for your reponse, had one other question on the same front.

"there is a date stamped
on my AP at the immigration saying parolled until May'08 which is exactly
one year from my entry what exactly this means what happens to my parolee
status after May'08." do i need to apply for I94 extension ??


TIA
 
I am not sure about the parolee statement (haven't had the opportunity to use AP myself yet).

I-94 is applicable when you are in non-immigrant status (as in F1, H1, etc). You are right now on an immigrant status (adjusting status), so in short you don't need to worry/extend your I-94.
 
Is it like if someone gets EAD and still on H1 with current employer and goes to India on AP and returns back even though he didn't fill an I-9 form in his employer will automatically become EAD status instead of H1 status?

If that is true why the hell these lawyers tell us to be on H1 and file H1 until we receive GC.

Also if the applicant's I-485 is rejected or denied, he has to leave US immediately since he will be out of Status?

Please show some light.
 
I have H1B status till 2009 and last month I traveled using my AP. In the I-94 form it is written AOS (adjustment of Status). However if I continue working for the same employer, then I dont need to use my EAD. If I change my job, then I need to use EAD and will loose my non-immigration status.
There are several postings and clarifications regarding this issue in this thread and other websites. Just search the google.
Check with an expert lawyer too. Let us know if you find anything new.
Good Luck
RSY
 
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