This probably been beaten to death already.

[mon2jan2]

I applied for an H1 extension on Nov 10th 2003 for my expiring H1b(expired on Dec 2003). Living upto its reputation my H1 apprvoal hasn't come in yet. Now I've following question.

1) I received 3 copies of Advance Parole on May 2004 valid till May 2005. Can I travel abroad using AP and while entering US back show INS officer the AP and receipt notice of H1 extension to prove that I was legal the whole time in US.

2) Would I still get back on H1b status after using this AP. Although I've a valid EAD in my pocket.



Thanks in advance.

 

[ginnu]

I applied for an H1 extension on Nov 10th 2003 for my expiring H1b(expired on Dec 2003). Living upto its reputation my H1 apprvoal hasn't come in yet.
------that is not the problem as you filed H1 extension before H1 expiry date
Now I've following question.

1) I received 3 copies of Advance Parole on May 2004 valid till May 2005.
Can I travel abroad using AP and while entering US back show INS officer the AP and receipt notice of H1 extension to prove that I was legal the whole time in US.
------ once enter US show the AP, no need of showing H1 filing reciept. you have filed I-485 and your status is AOS pending and H1( even if H1 extension is pending)
2) Would I still get back on H1b status after using this AP.
--YES, you can be on H1 status even if you use AP and you are working with SAME employer who filed your latest H1 extension.
Read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

Although I've a valid EAD in my pocket.



Thanks in advance.