URGENT-Does travel with AP invalid H1 status?

[help_need_gc]

Anyone please answer and share experences.
1) Does re-enter USA with AP invalid H1 status.
2) After entering US with AP, can we work with current employer.
3) And also can we transfer H1 to new employer in the above situation.
4) Do we need to take any precautions while using AP.
5) Please share experiences anyone who entered with AP.

Thanks.

 

[GCPD0102]

Anyone please answer and share experences.
1) Does re-enter USA with AP invalid H1 status.
If you re-enter with AP your I-94 will show that fact and then you don't need H1 because your status changed to AP.

2) After entering US with AP, can we work with current employer.
Yes. You can and you have to work for the current employer unless you are eligible to port to a new wmployer under AC21 provisions.

3) And also can we transfer H1 to new employer in the above situation.
You are not on H1 status after you enter with AP. Use EAD to move to a new employer if your EAD ia valid and 485 is pending more than 180 days (AC21 portability)

4) Do we need to take any precautions while using AP.
Probably you have to carry a letter of employment to prove that you still have a job with the current employer.

5) Please share experiences anyone who entered with AP.
I have no personal experience but all my comments are based on what I have heard from friends and read on different discussion forums.

Thanks.

 

[dwhatever]

I dont think that's right, using AP does not invalidate H1.

 

[CSHANKY]

http://www.immigration-law.com/Archive XI.html

05/05/2005: Approaching Summer Travel Season and H-1B Traveling With Advance Parole

• Summer is on our door step and schools will take a long break allowing students and employees of the schools to take a vacation and traveling abroad. There are a substantial number of EB-485 filers who maintain a H-1B status and at the same time possess an Advance Parole. Some of these EB-485 filers may want to travel on Advance Parole rather than on H-1B because of the complication and delay in obtaining the H-1B visa stamp at the visa posts.

• People are confused as to whether they can return to the U.S. using Advance Parole and continue the H-1B employment without EAD. The answer to this question is confusing because the legacy INS flip-flopped itself in the past. Initially, it was policy that such H-1B alien who returns to the U.S. without EAD could not work as he/she was no longer H-1B nonimmigrant and did not have employment authorization. However, this memorandum was short-lived, being later amended and rescinded.

• The current rule is that the H-1B aliens who return to the U.S. using Advance Parole will be able to resume the employment authorization which is inherent in the H-1B status inasmuch as the following conditions are met: (1) The employment is resumed with the same H-1B employer. (2) The H-1B approval must remain valid, even though one does not need a valid H-1B visa stamp. Once the H-1B validity expires, so does the employment authorization. Such an alien cannot continue employment unless he/she obtains either EAD or extension of H-1B status. The H-1B alien is returning to the U.S. as a parolee when they use Advance Parole and their status remains a parolee and not a H-1B nonimmigrant, but current rule and policy allow such H-1B approved aliens two benefits pending finalization of its policy on this issue and release of a regulation. The first benefit is employment authorization during the period of valid H-1B approval even though his/her status is no longer H-1B. The second benefit is eligibility for extension of their H-1B status and resuming the H-1B status without leaving the country. Once extension is approved, the alien returns to the H-1B status. The approval of such H-1B extension is considered by the USCIS as revocation of the parolee status and reinstatement of the H-1B status. These travellers should make it sure that they have both valid H-1B approval paper and valid Advance Parole when they return from the trip. Again, the EAD is not necessary inasmuch as he/she has a valid H-1B approval. However, against the potential change of employment or loss of H-1B jobs, it will be always prudent that one keeps an EAD current all the time. Enjoy your Summer!!