Travel while AOS is pending and applying for H1 visa

[jefkorn]

Hi,
H1 visa is expired, the petition 797 for H1 and I-94 is valid untill April 2007. 485 is pending and has applied for AP. Waiting for AP now but have to travel outside US, have following questions please express yur opinion or experiences if you were in similar situtatio:

1. Is it legal to apply for an H1 visa outside US in Canada while 485 is pending and have already received AP although not used it yet?

2. Should I apply for H1 extension now and then go to Canada for H1 visa stamping? I have read the Cronin Memo ( http://www.shusterman.com/cronin51600.html )which implies that after entering US on AP, you can still apply for an extension which if approved has the effect of canelling the parolee status? Should I wait until after I enter on AP and then apply for H1 extension so it would bring me back in H1B status?

3. One paroled in on AP with expired H1 visa but valid petition 797, how does one go back to maintaing H1 status, assuming that I would continue working for the same employer?

4. What if I travelled out of US, with expired H1 visa but valid H1 petition approval, got married, entered US on AP. Can I send the 797 approval of H1 to spouse so she can apply for H4?

Thanks and would appreciate you input,
Jeff

 

[TheRealCanadian]

Is it legal to apply for an H1 visa outside US in Canada while 485 is pending and have already received AP although not used it yet?

Sure.

Should I apply for H1 extension now and then go to Canada for H1 visa stamping?

You can certainly apply for the extension, but there's no requirement to get the stamp.

One paroled in on AP with expired H1 visa but valid petition 797, how does one go back to maintaing H1 status, assuming that I would continue working for the same employer?

Just keep doing what you're doing, and then when the H expires your employer files an extension.

What if I travelled out of US, with expired H1 visa but valid H1 petition approval, got married, entered US on AP. Can I send the 797 approval of H1 to spouse so she can apply for H4?

I'd be extremely skeptical that this would work, since the consulate will probably want to see a valid I-94 with "H-1" written on it.

 

[jefkorn]

Thanks a lot for prompt reply. I would like to ask some follow up questions:

1. I spoke to US embassy in Pak. and they need only the 797 H1 approval to issue H4. If I have a valid approval for H1, expired H1 visa but use AP to enter US, my status would change to parolee. I want to be in H1 status so I could sponor my spouse, what are my options?

I wanted to apply for H1 extension so when I go to Canada for stamping, I would get the H1 visa untill April 2007 + 1 year (provided I apply for the extension now which would be granted for another year starting from the expiry of my current H1 validity, planning to do it in premium processing)

Best regards,
Jeff
485 Pending in EB2, non-retrogressed country
H1 visa expired, H1 petition approval expiring in April 2007