travel while H1B1 pending in USCIS

4

485NSC

Registered Users (C)
Dear friends:

we have the following situation: My husband's current H1B is going to
expire by Dec.31, 2005, the employer is going to file the petition of
extension for his current H1B.

I am also holding H1B1 which also expires on Dec.31, 05. I need to
switch from one group to another under the same employer. But, I will
need to apply for the new H1B and the employer is going to file the
premium processing.

we are planning to travel to Europe on Advance Parole on December and
come back before Dec.31, 2005. At that time, my husband's extension
application will be in USCIS. My new H1B probabaly is going to be issued
during the time I am traveling. Will that affect my reentry to US? How
about if my husband's H1B extension is granted before I reenter US? Can we still
use AP to enter?

Will those re-entry affect my H1B1 application and my husband's extension

Your experience and input will be highly appreciated!

Thanks!
 
If Ur stamping on passport is valid till dec 31,2005... U can enter with H1b or AP.

U can always use AP if it is valid, it has no relationship with H1b.
 
Last edited by a moderator:
eBhola said:
If Ur stamping on passport is valid till dec 31,2005... U can enter with H1b or AP.

U can always use AP if it is valid, it has no relationship with H1b.
Click to expand...

ebhola:

Thank you very much. But, I still have some confusion about pending H1B and AP. this website http://www.shusterman.com/hlmemo500.html says: "....If the Service approves the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification."

Any further understanding about this?

Thanks!
 
ebhola: Also, I do not VISA stamped on my passport. I only have the H1B approval till 12/31/05. So, I probabaly will have to use AP.
 
But you said you were coming back before 12/31. You will still be in H1 status until then. So what's the problem?
 
my 2 cents...

If you are filing for H extn you will be using your old I-94 number, when they approve it on the approved H you will have the same old I-94 number with the extended date.

As far as i know, If you go out of this country before approval then you are abanding the H extn filing, so you have to re-apply again after you come back.

Say if you go out and come back (note: you will have again new i-94 at port of Entry) after approval or before approval the I-94 will be different. At any point of time you can 't have a 2 differnt I-94..

I don't see any problem in entry but I think when you start using the new H after 12/31/05 will be a problem..

"Check with your attorney"

Either plan after approval or apply H extn after you come back. All you need is before 12/31/05 you need to have a receipt #.. Don't take any risk.
 
jkvaisnavi said:
my 2 cents...

If you are filing for H extn you will be using your old I-94 number, when they approve it on the approved H you will have the same old I-94 number with the extended date.

As far as i know, If you go out of this country before approval then you are abanding the H extn filing, so you have to re-apply again after you come back.

Say if you go out and come back (note: you will have again new i-94 at port of Entry) after approval or before approval the I-94 will be different. At any point of time you can 't have a 2 differnt I-94..

I don't see any problem in entry but I think when you start using the new H after 12/31/05 will be a problem..

"Check with your attorney"

Either plan after approval or apply H extn after you come back. All you need is before 12/31/05 you need to have a receipt #.. Don't take any risk.
Click to expand...


"As far as i know, If you go out of this country before approval then you are abanding the H extn filing, so you have to re-apply again after you come back." This is exactly what I concerned.

Some old files says "as long as I filed the extension to USCIS, the H1B could not travel until the new one approved",

some memo says "H1B can travel without abondoning the extension petition in USCIS"

some says " memo do not carry any weight"


:( :( I got lost
 
esseyeb said:
But you said you were coming back before 12/31. You will still be in H1 status until then. So what's the problem?
Click to expand...

my confusion is this: ""....If the Service approves the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.""

I did not know weither or not extension approval will affecting the approved AP. I guess that I will have no problem for punching back with the AP again. But, will they later say I used "invalid AP entering USA".
 
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