Traveling with AD and converting back to H1. Please advice.

4

485-100

Registered Users (C)
Please advice me on my travel to India. Here is my immigration status:

I have a valid EAD and AD.
I am working with H-1B right now. But I don\'t have a valid H-1B visa stamp in my passport. My H-1B petition is valid till Aug. 2002. My company is willing to file an H-1B extension.
Since I am traveling to India for a week, it\'s not possible to get visa stamped in India. So I need to return back using my AD. If I use AD, can I convert back to H-1B again?
 
Do you mean AP as in Advance Parole?

What is AD? If you mean AP as in Advance Parole, and have not used EAD at your workplace yet, yes, you may use AP to get back to USA and still be in valid H1B status.
BUT, if you have already USED your EAD at work, then you are out of luck buddy.

Hope that helps.
 
It\'s AP ( Advance Parole) not AD. Sorry for that.

I have not used my EAD yet. Still I am working using H-1B. Can I apply for an H-1B extension after coming back to US using AP?
 
Can you tell me where you got this info from?

Mastaan, from where did you get this infomation? My attorney says that after using AP, can\'t continue to use H1. Need to switch to EAD. Now, I\'m wondering which info is correct??
 
I AM THE LIVING PROOF

Guys,
I received my AP in September 01. Travelled back home in December 01, got married and came back to USA in January 2002 using AP (since my H1B is not stamped on my passport). My H1B expired in February 2002. After coming back, applied for 3 more years of H1B using premium processing and my H1B approval came within 20 days. My wife got a H4 visa last month aginst my H1B visa and joined me here in the USA couple of weeks ago. I will soon add her name to my I-485 application.

So there it is. I, myself, am the LIVING PROOF of this situation.
 
u can go and get ur h-1 stamped.

I did the same thing and got my h-1 stamped. one thing I want to ask U HOW come u do not have ur h-1 stamped,did you CHANGE UR STATUS FROM F-1/B1 TO H-1

IF THAT IS THE CASE THEN IT CAN BE LITTLE DANGEROUS
 
Current H-1B visa stamp in my passport which got expired is from my

privious employer. I don\'t have my current employers H-1B visa stamp. We need atleast 8 working days(I am going for a week) to get H-1B visa stamp in India.
 
question for GREEN CARD 009...

...you mentioned that in case of conversion from F-1/B-1, it could be dangerous. what exactly do you mean by that?

is it re-entering on AP that could be dangerous, or is the I-485 process itself that could be impacted by the conversion from a previous non-immigrant to H-1 status?

thanks in advance!
 
Resign or get a lay off

"Is there a difference between getting laid off or resigning from an
employee and legal standpoint after 180 days of I-485 filling ? I have a EAD now and FP is also done with I-485 receipt date in last week of Sept\'01".
 
You can get back into H1 status by

1. getting new H1-B visa stamp for current employer
2. Entering in US by showing H1 visa and 485 receipt notice.

* Disclaimer - Use at your own risk. I am NOT a lawyer *
 
PCee - What proof do you have in favor of your theory??

PCee,
In your post to my real life experience, you seemed very certain that you are correct about the whole situation and that my situation was just an overlook on INS\'s behalf. Could you please post any solid info or real life experience in support of your theory??
I\'ve been a frequent reader of this forum for quite some time now.. and before traveling.. I have done enough research on this situation, and posted many questions and opinions here before. And this topic was discussed on this forum over the past 2-3 years many times, and once again ....
go to this site: http://www.fragomen.com/index2.html
click on "Immigration Resource Center"
click on "U.S. Immigrations Headlines" on the side bar
click on "May 2000"
click on 5/18/2000
and read on.
(I believe you can find the same info on www.murthy.com)

thank you, I hope this clears everybody\'s confusion.
 
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mastaan,

Briefly, after reading the link you provided I think I was wrong.

I was talking based on what my attorney told me (while filing for AP and EAD) and your earlier message with your experience (by the way in your message you didn\'t specify if you were on H1 or EAD for that time). I was told by my attorney that I need EAD if I plan to use AP! Probably my attorney missed this news article/memorandum. Note that this memo reversed INS\'s earlier stance. Also, note that as per this memo it is effective until a final rule is published, which is expected later this year (2000). I am not sure if any other things published after this and may be my attorney was talking based on that!

Read the last question at the link below, I am not sure when it is updated last time! But as per this "..the law is not entirely clear. We are awaiting regulations from INS on this issue" http://www.immigration.com/newsletter/h1bholder.html

Thanks for correcting me
PCee
 
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mastaan,
I just saw the following Q/A from murthy\'s site http://www.murthy.com/chat0429.html ...

Chat User : Would it be legally possible to change back to H1/H4 status after working on EAD? If yes, please tell me the procedure.

Attorney Murthy : Yes, per the May 2000 INS Memo, it is possible to file an extension or a new H1B even after working on an EAD or entering on AP.

- PCee
 
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mastan,

I wish if you posted that link about "May 2000 INS memo on this topic" in you earlier post instead of just saying that "I am living proof". It is some thing like some one is in US even though out of status (saying I am the "LIVING PROOF") doesn\'t mean that one can stay in US without proper status!

As you requested I deleted my earlier post.

- PCee
 
H4

I got a question, I changed job less than 180 days and I have H1 with my new company(company acquisition) and also have valid EAD/AP. According to the discussion, I can show my AP and enter USA.

My Question is my wife did not apply for H4 as the lawyer told me that since I am in AOS she doesn\'t need H4 as she also have EAD & AP. Do I need to apply for H4 to travel or AP is good enough.

Any Leads are appreciated..
 
No Title

PCee,
I guess apology is in order, because you confused everyone who read this topic. :)
I would also suggest that you delete your earlier posting in this regard.

Thanks.
 
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