travelling with AP/ expired H1 stamp

[fledglingImg]

Hi,

I know this issue has been beaten to death on this forum; however I wanted some reassurance as my attorney has said something which contradicts the opinion on this site.I have an approved I-140 and my H1B has been extended.The stamp in my passport has expired and Im unable to get a timely appointment to get it stamped on this visit.I continue to be employed by the employer who has filed for my I-1485, H1B.

a) Will the usage of the AP doc change my status?

b) What documents do I need to carry when I re-enter using the AP? Would I need my employer's letter?


Please advice..Im travelling at a short notice on a personal emergency.

Thanks

 

[LaborApproved]

This issue sure has been beaten to death I think we need to bury it now.
But people will always have questions and that's a good thing 'cause you wanna travel with peace of mind..

a) Using AP is not going to change your H1 status;
b) Carry the original AP approval, all prior H1B approval notices and extentions and a current employment letter with dates of travel and that should be fine.

Good luck.

Hi,

I know this issue has been beaten to death on this forum; however I wanted some reassurance as my attorney has said something which contradicts the opinion on this site.I have an approved I-140 and my H1B has been extended.The stamp in my passport has expired and Im unable to get a timely appointment to get it stamped on this visit.I continue to be employed by the employer who has filed for my I-1485, H1B.

a) Will the usage of the AP doc change my status?

b) What documents do I need to carry when I re-enter using the AP? Would I need my employer's letter?


Please advice..Im travelling at a short notice on a personal emergency.

Thanks

 

[cuk536]

This issue sure has been beaten to death I think we need to bury it now.
But people will always have questions and that's a good thing 'cause you wanna travel with peace of mind..

a) Using AP is not going to change your H1 status;
b) Carry the original AP approval, all prior H1B approval notices and extentions and a current employment letter with dates of travel and that should be fine.

Good luck.

Using of any immigration benefits (EAD or AP) will end your H1 status.

 

[LaborApproved]

Using of any immigration benefits (EAD or AP) will end your H1 status.

Read the response by attorney murthy on this.

Originally Posted by Ingo Pakleppa - see web site for email
On Fri, 15 Oct 2004 06:35:56 +0000, Manish wrote:

> 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.