Urgent help needed. Confused about status - H1B / EAD / AP?

O

origin72

Registered Users (C)
Hi,

Facts:
1. Myself and my wife came to US in 2001. I came on H-1B and she came on H-4.
2. My wife changed from H-4 to H-1 in Nov. 2001. She still holds the H-1B from the same company.
3. I changed my company twice and hold a valid H-1B.
4. We filed for GC through my wife (primary applicant). Got Labor substitution and filed concurrent I-140 / I-485.
5. We have approved EAD and AP. I-140 is pending. In fact, got an RFE (ability to pay). Submitted docs on Sept 17, 2004. Waiting for reply.
6. Since we never traveled outside, our original stamp on the passport expired (which we got from India in 2001).
7. We traveled to Canada 2 months back and entered using Advance Parole. Officer gave new I-94 with AOS with date of expiry that of AP.
8. After coming back from Canada, my wife filed for H-1 extension. She got approval notice valid till 2007.
9. I am still on my valid H-1 which is valid till 2006.

Question:

1. I read various posts that traveling on AP does not invalidate your H-1 status (Cronin Memo). I want to know what our current status is?

2. Also, if I have to switch my job I would rather do it on H-1 than on EAD (since I-140 is pending). Is this possible?

3. I will have to travel again in the next 2 months to Mexico. Can I still use the valid AP for that and still maintain my new H-1 status?

Please advice. Need to know really urgently. Any input will help.

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origin72 said:
Hi,

Facts:
1. Myself and my wife came to US in 2001. I came on H-1B and she came on H-4.
2. My wife changed from H-4 to H-1 in Nov. 2001. She still holds the H-1B from the same company.
3. I changed my company twice and hold a valid H-1B.
4. We filed for GC through my wife (primary applicant). Got Labor substitution and filed concurrent I-140 / I-485.
5. We have approved EAD and AP. I-140 is pending. In fact, got an RFE (ability to pay). Submitted docs on Sept 17, 2004. Waiting for reply.
6. Since we never traveled outside, our original stamp on the passport expired (which we got from India in 2001).
7. We traveled to Canada 2 months back and entered using Advance Parole. Officer gave new I-94 with AOS with date of expiry that of AP.
8. After coming back from Canada, my wife filed for H-1 extension. She got approval notice valid till 2007.
9. I am still on my valid H-1 which is valid till 2006.

Question:

1. I read various posts that traveling on AP does not invalidate your H-1 status (Cronin Memo). I want to know what our current status is?

>> If u show H1 to enter then ur I 94 will be upto H1 expiration date
and otherwise would be until AP expiration date.

2. Also, if I have to switch my job I would rather do it on H-1 than on EAD (since I-140 is pending). Is this possible?
>> I would do H1 transfer.

3. I will have to travel again in the next 2 months to Mexico. Can I still use the valid AP for that and still maintain my new H-1 status?
>> why use AP to enter if u've valid H1?

Please advice. Need to know really urgently. Any input will help.

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Click to expand...
 
Thanks fast_gc_seeker

Another question:

Let's say I use AP (which is valid till 2005) to enter. I will get another I-94 with validity till April 2005. After April 2005, I-94 will expire. Will I still be in H status because I would have a new I-94 valid till 2007?
 
origin72 said:
Thanks fast_gc_seeker

Another question:

Let's say I use AP (which is valid till 2005) to enter. I will get another I-94 with validity till April 2005. After April 2005, I-94 will expire. Will I still be in H status because I would have a new I-94 valid till 2007?
Click to expand...

U'll be in H1 status until u use EAD or until ur 485 is approved.
date on I-94 will either be H1 expiry date if u show H1 to enter
or AP expiry date if u show AP. Why do u want to show AP? show H1
all the time.
 
The only reason I would use AP is because the stamp on my passport has expired. So, the easier way to get in would be to use AP.

So, if I understood correctly, I can keep using AP to enter (if I dont have valid stamp on passport). However, if the I-94 expires (which was based on AP's date), I don't lose status because I have valid H-1 (approval notice) for a later date. Correct? At the same time, I can either extend H-1 or transfer is current H-1B is valid. Right?
 
origin72 said:
The only reason I would use AP is because the stamp on my passport has expired. So, the easier way to get in would be to use AP.

So, if I understood correctly, I can keep using AP to enter (if I dont have valid stamp on passport). However, if the I-94 expires (which was based on AP's date), I don't lose status because I have valid H-1 (approval notice) for a later date. Correct? At the same time, I can either extend H-1 or transfer is current H-1B is valid. Right?
Click to expand...

until AP expires u can use it to enter.

u can file for 7th year H1B extension based on pending 485
 
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