Use AP or H1

[chintamani1]

Hi All,

I have a valid H1 visa till Sep 2009 (not stamped in Passport). I also have a valid AP (not used). I need to go on Business travel to a couple of far eastern countries and India before returning to the US.

Because of the duration of the travel I wouldnot be able to get visa stamping done.So i am planning to use AP on return. Would appreciate if you could share your thoughts.

1. I know that once I use AP, I become a "parolee". What happens to my HI status if I still work for the same employer. What is my status? Would i need to use my ead in this case or can continue working on H1 as if nothing happened
2. As my current visa is valid till Sep 2009,would i need to reapply for a fresh extension after using AP
3. If my pending 485 has some issues or gets denied for some reason, what would be my status
4. If i do manage to get my visa stamped and for some reason the underlying 485 gets denied would i be able to continue working on H1 till it's validity.(Note this is H1 after 6 years and new 3 years based on 140 approval and 485 pending)

Any inputs would be graciously accepted.

 

[cyberbabu]

I am in a similar situation.
But I can provide answers to some of these questions (based on my attorney's suggestions):

1. Not sure.
2. No need to apply extensions. You can continue to work on the H1
3. If 485 gets denied, you can technically continue on H1 (but you gotta leave US)
4. You cannot get visa stamped when 485 is filed. I believe there is a question in the form asking if you have filed for any immigrant petition. By selecting that, you contradict the Non immigrant petition (your stamping). That is why you are being asked to use AP.

Please consult an attorney to confirm your situation and then travel.

 

[jasmine7103]

4. You cannot get visa stamped when 485 is filed. I believe there is a question in the form asking if you have filed for any immigrant petition. By selecting that, you contradict the Non immigrant petition (your stamping). That is why you are being asked to use AP.

If you answer Yes to the question, then they'd deny your H1B stamp?

 

[GotPR?]

1. I know that once I use AP, I become a "parolee". What happens to my HI status if I still work for the same employer. What is my status? Would i need to use my ead in this case or can continue working on H1 as if nothing happened

As you said, you are under authorized stay.. No status basically. however you can still work for H1 sponsor as long as H1 petition is valid.

2. As my current visa is valid till Sep 2009,would i need to reapply for a fresh extension after using AP

you can apply extension. It will bring you back to H1 "status" unless you used EAD.

3. If my pending 485 has some issues or gets denied for some reason, what would be my status

Out of status if you are not on H1 status.

4. If i do manage to get my visa stamped and for some reason the underlying 485 gets denied would i be able to continue working on H1 till it's validity.(Note this is H1 after 6 years and new 3 years based on 140 approval and 485 pending)
.

I think if you are on H1 status, you can until final decision was made(meaning until filing MTR and receive the decision on it).

 

[GotPR?]

4. You cannot get visa stamped when 485 is filed. I believe there is a question in the form asking if you have filed for any immigrant petition. By selecting that, you contradict the Non immigrant petition (your stamping). That is why you are being asked to use AP.

H1 is dual intent visa and fiing immigration petition won't keep one from getting H1 stamp.