I got my AP approved last week. I have my H-1 petition valid up to April 2007. My H-1 visa stamp is expired in passport. When i make a trip outside the country and come back should i need to get my H-1 visa also stamped in my passport or can i enter with my AP only? Looking for some one who has got some experiences with this.
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Travel with AP and Valid H-1B
- Thread starter kvskriths
- Start date
Entry into the United States is either via an unexpired and valid H1 visa or the AP. The choice is yours. The I-797 H1 approval notice by itself alone is meaningless when entering the US.
That said, once a person enters using an AP, the persons status is "Paroled (DT)" and not H1. This can be changed to H1 after entry into the US via another application (I think it is change/extension of status application)
However according to some reports, even after using the AP, the person can continue to use the H1 I-797 as a valid work document as long as it remains unexpired, whereupon one would need either an EAD to continue employment or extension/new/renewal of the H1.
Hope that helps
That said, once a person enters using an AP, the persons status is "Paroled (DT)" and not H1. This can be changed to H1 after entry into the US via another application (I think it is change/extension of status application)
However according to some reports, even after using the AP, the person can continue to use the H1 I-797 as a valid work document as long as it remains unexpired, whereupon one would need either an EAD to continue employment or extension/new/renewal of the H1.
Hope that helps
TheRealCanadian
Volunteer Moderator
Hariya said:The I-797 H1 approval notice by itself alone is meaningless when entering the US.
This is only 99% correct. If someone is visa-exempt, like a Canadian (or iirc Bermudian and Bahamian) citizen, they need only the I-797 to enter.
even after using the AP, the person can continue to use the H1 I-797 as a valid work document as long as it remains unexpired, whereupon one would need either an EAD to continue employment or extension/new/renewal of the H1.
This is correct, see/search for the Cronin Memorandum. Provided the H1 is unexpired and the alien has NOT used the EAD to work for another employer and has not violated his or her H1 status in any way, then they can remain in H1 status and do not need the EAD to work for the H1 sponsor.
Share your experiece, please
I am in the same situation as you were in 2003. I have valid H1 permit till March 2007 (not visa stamping) and advance parole. If I make a foreign travel, and reenter the States using my AP, can I continue to work on my unexpired H1 work permit, or do I need an EAD. Please advise at the earliest. Thanks!
I am in the same situation as you were in 2003. I have valid H1 permit till March 2007 (not visa stamping) and advance parole. If I make a foreign travel, and reenter the States using my AP, can I continue to work on my unexpired H1 work permit, or do I need an EAD. Please advise at the earliest. Thanks!
TheRealCanadian
Volunteer Moderator
minisantu said:If I make a foreign travel, and reenter the States using my AP, can I continue to work on my unexpired H1 work permit, or do I need an EAD. Please advise at the earliest. Thanks!
Please read my post again.
Since May of 2004 H1-B status cannot be extended within the States and one will have to leave the country to do so, if I am correct. In that case, is having an EAD the only option to continue employment with the same employer if you are using Advance Parole and have an unexpired H1-B permit valid till 2007? Thanks again.
madgu-gc2005
Registered Users (C)
minisantu said:Since May of 2004 H1-B status cannot be extended within the States and one will have to leave the country to do so, if I am correct. In that case, is having an EAD the only option to continue employment with the same employer if you are using Advance Parole and have an unexpired H1-B permit valid till 2007? Thanks again.
Hi Minisantu,
H-1B can be extended based on your I-485 pending. To extend your H-1B you need not leave the country.
If you use your advance parole when you enter into US from foreign travel you can still work with the same employer as long as your H-1B period is valid WITHOUT exercising your EAD. See cronin memo. In this forum lots of discussion went on. YOU can do little bit of research on this.
Hope you got the gist
You said, “H-1B can be extended based on your I-485 pending.” So no I-485 pending, no H-1B can be extended. Is that what you try to show your knowledge?madgu-gc2005 said:Hi Minisantu,
H-1B can be extended based on your I-485 pending. To extend your H-1B you need not leave the country.
If you use your advance parole when you enter into US from foreign travel you can still work with the same employer as long as your H-1B period is valid WITHOUT exercising your EAD. See cronin memo. In this forum lots of discussion went on. YOU can do little bit of research on this.
Hope you got the gist
My situation is as follows:
-i485 pending
-previously entered on AP
-plan to re-enter on AP in mid June 06 after a short trip abroad (no visa in passport)
-The latest H-1B approval will expire 9/1/06
-AOS interview: 7/6/06
My plan is to apply for another H-1B extension as soon as I re-enter (mid June). This way, if something goes wrong in the interview (i.e. a denial), then I would still be on the H-1B (As per Cronin).
Am I correct in my strategy?
Please advise.
Thanks.
-i485 pending
-previously entered on AP
-plan to re-enter on AP in mid June 06 after a short trip abroad (no visa in passport)
-The latest H-1B approval will expire 9/1/06
-AOS interview: 7/6/06
My plan is to apply for another H-1B extension as soon as I re-enter (mid June). This way, if something goes wrong in the interview (i.e. a denial), then I would still be on the H-1B (As per Cronin).
Am I correct in my strategy?
Please advise.
Thanks.
ziv711 said:-i485 pending
-previously entered on AP
-plan to re-enter on AP in mid June 06 after a short trip abroad (no visa in passport)
-The latest H-1B approval will expire 9/1/06
-AOS interview: 7/6/06
My plan is to apply for another H-1B extension as soon as I re-enter (mid June). This way, if something goes wrong in the interview (i.e. a denial), then I would still be on the H-1B (As per Cronin).
Am I correct in my strategy?
Please advise.
Thanks.
As far as I know, if you have finished 6 years of your H1 then as soon as your I-485 denies your H1 extension is assumed to be terminated because it was granted based on your pending LC/I-140/I-485. If you have not completed 6 years then it makes sense of maintaining your H1 status. However, by maintaining H1 status beyond 6 years does not harm if your employer is going to pay for your H1 extension. If you have valid H1 then you don't have to be on EAD so you don't have to renew EAD every year but you have to renew H1 instead.
Last edited by a moderator:
This is a good one, isn't it?dsugandhi said:As far as I know, if you have finished 6 years of your H1 then as soon as your I-485 denies your H1 extension is assumed to be terminated because it was granted based on your pending LC/I-140/I-485. If you have not completed 6 years then it makes sense of maintaining your H1 status. However, by maintaining H1 status beyond 6 years does not harm if your employer is going to pay for your H1 extension. If you have valid H1 then you don't have to be on EAD so you don't have to renew EAD every year but you have to renew H1 instead.
Risk of being denied or hold for security check while with AP
Hello,
Is there any potential risk for H1B visa stamping while with Advance Parole?
If the H1B visa stamping get rejected or holding for security check, can I still be able to return to the USA with my Advanced Parole without any effects?
Any potential risk?
Thanks for your help.
YY1
Hello,
Is there any potential risk for H1B visa stamping while with Advance Parole?
If the H1B visa stamping get rejected or holding for security check, can I still be able to return to the USA with my Advanced Parole without any effects?
Any potential risk?
Thanks for your help.
YY1