Travelled overseas on AP while H1-B renewal was in process... is my H1-B status valid?

S

Santam

Registered Users (C)
I recently traveled to India while my H1-B was expired, and application for H1-B renewal was in process. Since I had a death in the family, the local USCIS issued me urgent AP on humanitarian grounds. I was in india for 2 weeks, and retuned to USA using advanced parole. I received approval notice for my H1-B application 2-3 weeks after returned from India. My GC is in process, I-485 was filed in 2007.

1. I would like to know whether I am on a VALID H1-B STATUS after I returned, and am eligible to accept paychecks.

2. Do I need to get my visa stamped outside, say CANADA, and then only i am on valid status?

Your timely advise will be greatly appreciated,
Thanks,
Santam
 
Santam said:
I recently traveled to India while my H1-B was expired, and application for H1-B renewal was in process. Since I had a death in the family, the local USCIS issued me urgent AP on humanitarian grounds. I was in india for 2 weeks, and retuned to USA using advanced parole. I received approval notice for my H1-B application 2-3 weeks after returned from India. My GC is in process, I-485 was filed in 2007.

1. I would like to know whether I am on a VALID H1-B STATUS after I returned, and am eligible to accept paychecks.
Please find the opinion of Lawyers and old Memo related to H1 ,AP and visit the below Links:(few links may not be working as I had that info saved 5-6 years back)
H1, AP

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.

2. Do I need to get my visa stamped outside, say CANADA, and then only i am on valid status?
----- you don't need Visa if you have I-94 attached with your H1 extension approval notice. Once you go out of US then you will need to get H1 Visa stamp if you want to enter on H1 status. At this time many H1 or H4 visa stamps are being rejected. You have I-485 pending and should get AP in hand when next time you go out for H1 Visa stamp so that if any Problem with H1 Visa stamp you can use Valid AP for Entry to US.
Your timely advise will be greatly appreciated,
Thanks,
Santam
Click to expand...
1 You are on H1 status but nothing wrong if you talk to your Company lawyer.
2 You got I-94 attached with H1 extension approval and Staple that I-94 in your Passport as this is your LATEST I-94.
 
Ginnu, thanks so much for your response. My major concern is the ambiguity of my status when I left USA. My H1 had been expired, and I had only I-129 receipt notice for extension application in hand. When I returned on AP, I still didn't have H1 approval notice for next three weeks. I talked to my lawyer, and he said that I need to go to Canada, and get my visa stamped. Then only I will have a valid H1B status to be able to continue to work. Until then I can not received any payment from the company. It may be my limited ability to understand the language in the links you provided, but the scenarios provided in the questions mostly assume that the person traveled on a valid H1B & AP. My case doesn't seem to fit those scenarios.

Sorry if I am being too dense.
 
Santam said:
Ginnu, thanks so much for your response. My major concern is the ambiguity of my status when I left USA. My H1 had been expired, and I had only I-129 receipt notice for extension application in hand.
--Did you file H1 Extension Before the I-94 expiry date? if you had the Valid I-94 at the time your Extension Petition reached USCIS then you were on valid status.
When I returned on AP, I still didn't have H1 approval notice for next three weeks.
-------If your H1 extension was filed while you were on H1 status then what is the problem? Did the employer/Lawyer sent H1 extension Petition to USCIS AFTER your I-94 got Expired or AFTER you departed US???
I talked to my lawyer, and he said that I need to go to Canada, and get my visa stamped. Then only I will have a valid H1B status to be able to continue to work.
--- do you have H1 extension Approval notice with I-94 attached??????
Until then I can not received any payment from the company. It may be my limited ability to understand the language in the links you provided, but the scenarios provided in the questions mostly assume that the person traveled on a valid H1B & AP. My case doesn't seem to fit those scenarios.

Sorry if I am being too dense.
Click to expand...
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Ginnu, really appreciated your swift help. Sorry to reply late. Answer to all your questions is "yes". My lawyer, who I have come to regret hiring for his poor service, has advised me to get my visa stamped in Canada to regain the "valid" status after my return.
 
Santam said:
Ginnu, really appreciated your swift help. Sorry to reply late. Answer to all your questions is "yes". My lawyer, who I have come to regret hiring for his poor service, has advised me to get my visa stamped in Canada to regain the "valid" status after my return.
Click to expand...

I do not believe in your lawyer You have Valid H1 status if your H1 extension has I-94 attached.If your H1 Extension does not have I-94 attached (lower part of H1 extension) then only you need to go out to get Visa to maintain H1 status so that you enter on H1 status and get I-94 based on H1 status. You can take the second opinion from Good Lawyer. Don't go out of US for Visa stamping without VALID AP in hand so that if problem in Visa stamping you can use Valid AP to come back.
*** I don't know why you are after H1 status? if you have EAD you can use the EAD for work.
 
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