Travel on AP and still preserve H1

[rkg12345]

Hello,

I have Advance Parole and an approved I-797 H1 extension in hand. Can I travel to UK on AP and still get H1 stamped on a later visit to India? I donot want to give up my H1 in the long run but need to make a quick business trip to UK without going to India for stamping.

Has anyone had a similar experience? Please advise!

 

[AM_OPTIMISTIC]

Hello,

I have Advance Parole and an approved I-797 H1 extension in hand. Can I travel to UK on AP and still get H1 stamped on a later visit to India? I donot want to give up my H1 in the long run but need to make a quick business trip to UK without going to India for stamping.

Has anyone had a similar experience? Please advise!

U can definitely go to UK on your AP... Just that u will have to return before your AP expires....
U can get your H1 stamped on your next visit to India... although u don't need to...

 

[max2k1]

Hello,

I have Advance Parole and an approved I-797 H1 extension in hand. Can I travel to UK on AP and still get H1 stamped on a later visit to India? I donot want to give up my H1 in the long run but need to make a quick business trip to UK without going to India for stamping.

Has anyone had a similar experience? Please advise!

You can do that --- re-entering using AP does NOT effect your H1 status in any way.

You can re-enter using AP and you can continue working for the same employer on H1 without doing anything special.

See the Cronin Memo for details.

 

[flyer010]

You can do that --- re-entering using AP does NOT effect your H1 status in any way.

You can re-enter using AP and you can continue working for the same employer on H1 without doing anything special.

See the Cronin Memo for details.

Hi, Max,

thank you for answering this question and my previous question. It helps a lot. But I still have one more question, after I reenter US with AP and if I use AC21 in the future, does the new employer have to sponsor a new H-1 for me or my old H-1 could be transfered. Thanks a lot.

 

[max2k1]

Hi, Max,

thank you for answering this question and my previous question. It helps a lot. But I still have one more question, after I reenter US with AP and if I use AC21 in the future, does the new employer have to sponsor a new H-1 for me or my old H-1 could be transfered. Thanks a lot.

Read that memo in detail .... it does not seem to indicate that a H1 transfer can't be done.

So I would assume that a transfer process would be the same as the case where you didn't enter using AP.

I quote this from the Cronin Memo

if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.

You'd want to check with an attorney to be really sure though

 

[flyer010]

Read that memo in detail .... it does not seem to indicate that a H1 transfer can't be done.

So I would assume that a transfer process would be the same as the case where you didn't enter using AP.

I quote this from the Cronin Memo



You'd want to check with an attorney to be really sure though

Thanks. I'd call 1800 number and make sure. wondering if they will give correct answer. Immigration law is written like something translated to Japanese and translated back, it really sucks.

 

[flyer010]

Damn, the CIS people don't even know there is such a memo. I am more confused...

 

[rkg12345]

am_optimistic & max2k1,

thank u for ur responses. i know that a "stamped" h1 and ap can be used interchangeably to enter the country but since i just have the approved petition in hand but my h1 stamp has expired, i am a little apprehensive. visa rules are so gray at times and i just dont want to find out at the consulate in india later that the fact that i used my ap automatically meant that i gave up the "approval" for some reason in fine print like h1 extn approval documents donot stay valid beyond one exit.

You can do that --- re-entering using AP does NOT effect your H1 status in any way.

You can re-enter using AP and you can continue working for the same employer on H1 without doing anything special.

See the Cronin Memo for details.

 

[max2k1]

am_optimistic & max2k1,

thank u for ur responses. i know that a "stamped" h1 and ap can be used interchangeably to enter the country but since i just have the approved petition in hand but my h1 stamp has expired, i am a little apprehensive. visa rules are so gray at times and i just dont want to find out at the consulate in india later that the fact that i used my ap automatically meant that i gave up the "approval" for some reason in fine print like h1 extn approval documents donot stay valid beyond one exit.

Hi rkg:

When you re-enter, the question of choice only arises when you have a valid H1 stamp and a valid AP. If you don't have a vaild stamp, the only alternative that's left is to use the AP.

Nevertheless, you can use your AP when you don't have a H1 visa stamp (that's what most of us do - why go through the hassle of getting a visa stamp) -and maintain H status like I said.
H status is NOT impacted by using AP for re-entry.

 

[rkg12345]

max2k1,

my confusion arose from my belief that "if i dont convert the i-797 into a stamped visa the next time i exit the country after getting the approval, it will be considered abandoned at next re-entry on advance parole".

this is why i was apprehensive to come back on ap itself. i did not want to give up my h1 status since sometimes things go wrong in gc process and i didnt want to be left without a pending status as well a h1.

but i understand from u now that i can reenter on advance parole this time and then on my next trip to india, i can simply go for restamping at the consulate and then come back on h1.

thank u for ur help.