Urgent! Is my AP still valid if I got my H1B Extension approved???

E

ericliubo

New Member
I got my AP in Sep. 06, and after 2 months, I got my H1B extension approved. Is my AP still valid??? I heard a rumor said no.

Did anyone have my situation and used AP return US successfully?

Many many thanks! I planed to buy air ticket tomorrow, but this question confused me.

Thanks again!!!
Eric
 
ericliubo said:
I got my AP in Sep. 06, and after 2 months, I got my H1B extension approved.
Is my AP still valid???
----------------YES, AP is based on pending I-485
I heard a rumor said no.
------- where did you hear that??
Did anyone have my situation and used AP return US successfully?
------------------many have done. search
Many many thanks! I planed to buy air ticket tomorrow, but this question confused me.

Thanks again!!!
Eric
Click to expand...
 
Here is the rumor link:
http://www.shusterman.com/hlmemo500.html

It said:

3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?

Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service approves the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.
 
Ginnu,

Thanks for your update.

So what do you think about those words: If the Service approves the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.

After reading your links, I am still a little confused. I also checked that with my lawyer and they are not sure if my AP is still valid or not.

Thanks!!!
 
ericliubo said:
After reading your links, I am still a little confused. I also checked that with my lawyer and they are not sure if my AP is still valid or not.
Click to expand...

What that means is that your status within the US is changed from parolee to H-1, but the AP document itself is not invalidated and can be used again in the future if you wish.
 
You can not enter on H1 if you have parole

This is my experience. immigration officer refused to admit me on H1 because I have valid parole.

I have a valid H1 on passport and advance parole, and my wife is had EAD/parole. At the port of entry of entry in NYC, immigration officer said I have to enter only on parole and can not admit me on H1 if I have to continue with my 485. He said, H1 is a temporary visa and pending adj of status is a permanent status, and so if he has to admit me on H1 (temporary visa) he needs to cancel my 485 (Permanent visa) and entire GC process has to be redone. After much arugument, I had no other choice and so he admitted me on parole. I do not have an valid EAD. So I thought I can not work.

My attorney said that is not the rule, one can be on H1 even when adj of status is pending. He contacted the officers at atlanta airport, and they refused to change my I-94 to h1 status but they said that I can legally work with out EAD even when I am admitted as a parolee with a approved H1.

I am sure if this is correct, but I myself spoke to officer at the atlanta airport and he said the same thing.
 
That's unfortunate, gcsucks. Those officers had no idea what they're talking about - H-1s have had explicit dual intent protection for over a decade and a half, and have not needed AP to re-enter in over five years.
 
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