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URGENT-Does travel with AP invalid H1 status?
- Thread starter help_need_gc
- Start date
Can continue on H1 after using AP...
Hi all,
I used AP to enter USA and am using H1 to work without stamping on passport. I have pasted the reply from my company-attorney as below for my question to her.
Question:
My I-485 was filed last year in may 2004 and it is still pending. By the way I got Advance parole from USCIS and recently i went to india in february and came back using advance parole. I didn't use H1 as I didn't get the interview appointment at USA consulate in Chennai. So the immigration officer at detroit airport stamped as AOS in my passport and as well as on I-94 card until feb 2006. I have H1 valid until May 2006. So, can I continue to work on H1B visa still??? Should I file a new H1B extension petition with NSC to get new I-94 card??? or the I-94 card stamped with AOS at detroit airport is sufficient?? Please clarify as I am getting confused answers from collegues/freinds etc. I don't want to be out of status or continue to work without status.
Thanks a lot and I appreciate your response.
Answer from my lawyer:
You will continue to be on H1 for working, but you will need to travel on the AP from now on.
I hope this clarifies some doubts for some guys. Pls let me know any other responses from other lawyers.
Greenbay
Hi all,
I used AP to enter USA and am using H1 to work without stamping on passport. I have pasted the reply from my company-attorney as below for my question to her.
Question:
My I-485 was filed last year in may 2004 and it is still pending. By the way I got Advance parole from USCIS and recently i went to india in february and came back using advance parole. I didn't use H1 as I didn't get the interview appointment at USA consulate in Chennai. So the immigration officer at detroit airport stamped as AOS in my passport and as well as on I-94 card until feb 2006. I have H1 valid until May 2006. So, can I continue to work on H1B visa still??? Should I file a new H1B extension petition with NSC to get new I-94 card??? or the I-94 card stamped with AOS at detroit airport is sufficient?? Please clarify as I am getting confused answers from collegues/freinds etc. I don't want to be out of status or continue to work without status.
Thanks a lot and I appreciate your response.
Answer from my lawyer:
You will continue to be on H1 for working, but you will need to travel on the AP from now on.
I hope this clarifies some doubts for some guys. Pls let me know any other responses from other lawyers.
Greenbay
If you have H1 from one employer and your pending 485 with another
Hi,
Just want to know if you can travel in the suituation on AP and carry on working on H1.
I have H1 from one employer(current) and AP and pending 485 from future employer. I am working on H1 and want to visit my family on AP and avoiding visa stamp procedure in US consulate. The H1 stamp is expired in passport and the notice is valid. Please advice if I can return/travel on AP and still carrying on working for current employer.
Hi,
Just want to know if you can travel in the suituation on AP and carry on working on H1.
I have H1 from one employer(current) and AP and pending 485 from future employer. I am working on H1 and want to visit my family on AP and avoiding visa stamp procedure in US consulate. The H1 stamp is expired in passport and the notice is valid. Please advice if I can return/travel on AP and still carrying on working for current employer.
Using AP and continue with same GC sponsored employer on H1.
Hi,
I believe that you can still continue on H1 after using AP to enter USA with the original employer who sponsored GC who holds your H1 also.
Your situation is little different and am not sure about it. Better consult an attorney or can put this question during the chat with Sheela Murthy on mondays at 9 PM EST.Check murthy.com website for the next chat timings.
Proceed with caution as don't mess up at the nth moment of GC processing.
Thanks
GB
Hi,
I believe that you can still continue on H1 after using AP to enter USA with the original employer who sponsored GC who holds your H1 also.
Your situation is little different and am not sure about it. Better consult an attorney or can put this question during the chat with Sheela Murthy on mondays at 9 PM EST.Check murthy.com website for the next chat timings.
Proceed with caution as don't mess up at the nth moment of GC processing.
Thanks
GB
gckavali said:Hi,
Just want to know if you can travel in the suituation on AP and carry on working on H1.
I have H1 from one employer(current) and AP and pending 485 from future employer. I am working on H1 and want to visit my family on AP and avoiding visa stamp procedure in US consulate. The H1 stamp is expired in passport and the notice is valid. Please advice if I can return/travel on AP and still carrying on working for current employer.
Seek a lawyers opinion. The rules regarding AP as such are not very clear to all.
You are trying to put a monkey wrench in it.
gcva said:Please check this link from Murthy FAQ and an interim Memo from USCIS.
http://murthy.com/chatlogs/ch082205_P.html(Check for the very first question)
http://www.immigrationlinks.com/news/news301.htm : Revised USCIS Memo on Dual Intent When Adjustment Application Pending.
Initially my lawyer said I can not work with H1 if I am entering back on AP( I have valid H1 extension till Aprill 2006, but expired Visa). Then I have forwarded those links to him for verification. Now, see the reply from Paralegal.
"I spoke with Attorney regarding your question on using your Advance Parole to enter the US. It is true that if you entered using Advance Parole you may change your status to H-1B provided you have not reached the maximum period of stay in H status (6 years). However, USCIS was very clear that you must be in H-1B status at the time you file for the 7th year H-1B extension. Once you enter in Advance Parole, you are considered to have been “paroled” into the U.S., not “admitted” as you would be under the H-1B. "
Has any one extended their 7th year, once they used AP?
Yes, AP got approved 3rd time and I am already on H1B extension beyond 6 years. Always have used AP to travel and H-1B for employment.
Travel using AP and H1/H4 status
Hi,
Does one have to apply for a new AP every time he/she re-enters the US?
OR you can enter multiple times as long as the AP is valid?
Also, is it possible to use AP if you are on H4 status?
Cheers,
kedzone
karns said:Yes, AP got approved 3rd time and I am already on H1B extension beyond 6 years. Always have used AP to travel and H-1B for employment.
Hi,
Does one have to apply for a new AP every time he/she re-enters the US?
OR you can enter multiple times as long as the AP is valid?
Also, is it possible to use AP if you are on H4 status?
Cheers,
kedzone
kedzone said:Hi,
Does one have to apply for a new AP every time he/she re-enters the US?
OR you can enter multiple times as long as the AP is valid?
Also, is it possible to use AP if you are on H4 status?
Cheers,
kedzone
You get three copies of AP every time and only one is used each visit. So technically you can use it three times. That proably is the purpose of having three exact copies of the AP. The three copies are exacly the same no differencde at all.
Also i have seen that some officers at immigration take the AP document and keep it with them, others give it back. I dont know what is the right thing. But I think if the officer gives back the AP you can use it as many times as possible.
I will have someone else who knows correct pass the judgement.
Yes AP can be used even if you are in H4.
neocor
what is the date on AP stamp for?
I entered US using my AP last Oct. The officer stamped my I-94 with "paroled until Oct 09 2005". What does this date means? My AP document expired in july. If i travel to Canda, can i re-enter US without getting new AP?
Another question is, since I also have valid H1B status now and I will visit canada for only one day (less 30 days), is automatic visa revalidation good for me? I really don't want to spend time and energy to get new H1B visa stamp or AP doucment.
More complicated as it is, my i485 has been denied recently. Hence, I am not in dual immigration status anymore. Will this create new problem for me to re-enter the US?
I entered US using my AP last Oct. The officer stamped my I-94 with "paroled until Oct 09 2005". What does this date means? My AP document expired in july. If i travel to Canda, can i re-enter US without getting new AP?
Another question is, since I also have valid H1B status now and I will visit canada for only one day (less 30 days), is automatic visa revalidation good for me? I really don't want to spend time and energy to get new H1B visa stamp or AP doucment.
More complicated as it is, my i485 has been denied recently. Hence, I am not in dual immigration status anymore. Will this create new problem for me to re-enter the US?
tazst6 said:I entered US using my AP last Oct. The officer stamped my I-94 with "paroled until Oct 09 2005". What does this date means? My AP document expired in july. If i travel to Canda, can i re-enter US without getting new AP?
Another question is, since I also have valid H1B status now and I will visit canada for only one day (less 30 days), is automatic visa revalidation good for me? I really don't want to spend time and energy to get new H1B visa stamp or AP doucment.
More complicated as it is, my i485 has been denied recently. Hence, I am not in dual immigration status anymore. Will this create new problem for me to re-enter the US?
Gurus ,
Please help me
I have urgent trip to me made.
My AP is penidng .... can i travel and my lawyer mail me the AP to my home country and use that to come to back
Please help me this is very urgent .
Thank you
jaisingh said:Gurus ,
Please help me
I have urgent trip to me made.
My AP is penidng .... can i travel and my lawyer mail me the AP to my home country and use that to come to back
Please help me this is very urgent .
Thank you
As per Murthy..No.. She says you should be in US while applying as well as approval of AP .If you have an unexpired AP, you can comeback on that.Otherwise, travelling while AP is pending is considered as "abandoning" 485.
StillAlive
Registered Users (C)
Does use of AP really void H1 status?
From Q&A from www.immigration-law.com.
Everybody say use of Advance parole only doesn't void the H1, it appears to me this gentleman saying "It is the "use" of the EAD or Advance Parole that takes away your H-1B status". Is this true?
Q62: My employment-based I-485 has been pending for a while. My H-1B is still valid, but I filed and obtained EAD and Advance Parole. Do you think I am no longer in a H-1B nonimmigrant status?
A: Your H-1B nonimmigrant status is not affected by applying for and obtaining an EAD and Advance Parole. It is the "use" of the EAD or Advance Parole that takes away your H-1B status. How do I know I used the EAD? You use the EAD in one of two contexts. One is that you use EAD with the same employer (H-1B) and your employer amends the form I-9 to change the employment authorization basis from H-1B to EAD for your payroll record, which you sign. The other situation is you use the EAD to work for a second or third job outside of the H-1B employment. In that case, even if you did not change the record of I-9 with your H-B employer, you lose your H-1B status. Once you lose your H-1B status, unless you leave and return with a new visa or a new H-1B I-94, you cannot reinstate the H-1B status. Again possession of the EAD and Advance Parole may be very important as a back-up when the situation changes, but until you use it, you will continue the H-1B nonimmigrant status. Drawback of working on EAD rather than H-1B is that you fall completely out of status when I-485 is denied, but such disadvantage is sometimes offset by disadvantages that comes with the continuing H-1B employment with the violation of Labor Condition Application or H-1B regulation, for instance, wages or locations, etc. When you work on H-1B pending I-485 application, you will have to comply with the H-1B regulation and LCA terms. If you violate such terms and regulations, you will not be eligible for I-485 application. Accordingly, when you face a situation wherein you may have to violate the H-1B status for whatever reasons, you may be better off working on EAD. Once you violated the H-1B status and LCA conditions and there is a reason for you to believe from the RFE that the USCIS is pusuing such violation, you may have an option of refiling I-485 to take advantage of so-called 245(k) benefit if your violation was less than 180 days. Section 245(k) allows you to file I-485 inasmuch as overstay or unauthorized employment which had been committed "before filing of I-485" was less than 180 days. Under the current USCIS policy, the same violation after filing of I-485 is considered "outside of the parameter" of 245(k) provision. Accordingly, in order to take advantage of 245(k), depending on the urgency, people sometimes refile I-485 application.
From Q&A from www.immigration-law.com.
Everybody say use of Advance parole only doesn't void the H1, it appears to me this gentleman saying "It is the "use" of the EAD or Advance Parole that takes away your H-1B status". Is this true?
Q62: My employment-based I-485 has been pending for a while. My H-1B is still valid, but I filed and obtained EAD and Advance Parole. Do you think I am no longer in a H-1B nonimmigrant status?
A: Your H-1B nonimmigrant status is not affected by applying for and obtaining an EAD and Advance Parole. It is the "use" of the EAD or Advance Parole that takes away your H-1B status. How do I know I used the EAD? You use the EAD in one of two contexts. One is that you use EAD with the same employer (H-1B) and your employer amends the form I-9 to change the employment authorization basis from H-1B to EAD for your payroll record, which you sign. The other situation is you use the EAD to work for a second or third job outside of the H-1B employment. In that case, even if you did not change the record of I-9 with your H-B employer, you lose your H-1B status. Once you lose your H-1B status, unless you leave and return with a new visa or a new H-1B I-94, you cannot reinstate the H-1B status. Again possession of the EAD and Advance Parole may be very important as a back-up when the situation changes, but until you use it, you will continue the H-1B nonimmigrant status. Drawback of working on EAD rather than H-1B is that you fall completely out of status when I-485 is denied, but such disadvantage is sometimes offset by disadvantages that comes with the continuing H-1B employment with the violation of Labor Condition Application or H-1B regulation, for instance, wages or locations, etc. When you work on H-1B pending I-485 application, you will have to comply with the H-1B regulation and LCA terms. If you violate such terms and regulations, you will not be eligible for I-485 application. Accordingly, when you face a situation wherein you may have to violate the H-1B status for whatever reasons, you may be better off working on EAD. Once you violated the H-1B status and LCA conditions and there is a reason for you to believe from the RFE that the USCIS is pusuing such violation, you may have an option of refiling I-485 to take advantage of so-called 245(k) benefit if your violation was less than 180 days. Section 245(k) allows you to file I-485 inasmuch as overstay or unauthorized employment which had been committed "before filing of I-485" was less than 180 days. Under the current USCIS policy, the same violation after filing of I-485 is considered "outside of the parameter" of 245(k) provision. Accordingly, in order to take advantage of 245(k), depending on the urgency, people sometimes refile I-485 application.
supply_demand
Registered Users (C)
AP an H1
I had exactly the same questions as I am in a similar situation.
Travelling/Returning back on AP does *not* validate your H1B. You can continue to work on H1 after coming back. I am not sure if you can chage employers on H1B but my gut feeling is that yes you can change employers when on H1-B when you have your AOS pending.
I had exactly the same questions as I am in a similar situation.
Travelling/Returning back on AP does *not* validate your H1B. You can continue to work on H1 after coming back. I am not sure if you can chage employers on H1B but my gut feeling is that yes you can change employers when on H1-B when you have your AOS pending.
Just for information, I am on L1 and returned to USA using AP in July-2005. AT airport, They stamped I94 with parole entry. I start working with L1. My L1 expired in Aug2005 and got next L1 renewval approval for 2 years in Aug. Returning on AP, doesn't invalidate either H1/L1 as far as one has I797 approval notice.
MD_Rockville
Registered Users (C)
Agree. No effect if you have valid 797GC-EB1CSC said:Just for information, I am on L1 and returned to USA using AP in July-2005. AT airport, They stamped I94 with parole entry. I start working with L1. My L1 expired in Aug2005 and got next L1 renewval approval for 2 years in Aug. Returning on AP, doesn't invalidate either H1/L1 as far as one has I797 approval notice.
StillAlive
Registered Users (C)
Thanks
Thanks guys for your timely suggestion.
I happy that I asked and got it clarified, even my lawyer told me the same using AP doesn't void H1.
One more question.....
Lot of people talks about need of transit visa when travelling via Europe.
If we were to travel with AIR INIDA, either via Frantfurt or London, do we need to get the transit VISA, here we don;t even get out of the flight.
When exactly we need this transit VISA. Ofcource I am having AP and 485 is pending.
Thanks guys for your timely suggestion.
I happy that I asked and got it clarified, even my lawyer told me the same using AP doesn't void H1.
One more question.....
Lot of people talks about need of transit visa when travelling via Europe.
If we were to travel with AIR INIDA, either via Frantfurt or London, do we need to get the transit VISA, here we don;t even get out of the flight.
When exactly we need this transit VISA. Ofcource I am having AP and 485 is pending.