Use of AP - GC Future Employment

S

sam_nyc

Registered Users (C)
Hello gurus
I graduated in 04 and worked for Company A ( GC Spon) from 04-07 NO Stamp
I have valid AP EAD and EMP letter from Company A
140 Approved in 06
FP also done
Company A have agreed to keep the case open

I transfered h1b to Company B and valid till 2010 in july 07
I wish to Use the AP to travel

Is it possible to Use AP from Company A
thanks a lot

______
 
The AP belongs to you - as a benefit of being an I-485 applicant.....

It's yours and you can use it, even if you switch to employer B.....
assuming you switched to employer B and still kept your I-485 active using the AC21 portability law provisions - thereby making your approved I-140 from employer A portable.....
 
My 140 is still active with Company A

Thank you guys for the reply
My 140 is still active with Company A
and the company is ready to take me back once GC is approved

what kind of questions can be asked at POE ?
is it better to keep a copy of the EMP Letter also

and also does one have to Enter POE in the same State( as mentioned in AP)
or different State
I mean my address is NY but can i Enter POE in West Coast

thanks again
 
The POE doesn't matter, as long as your papers are inspected by an immigration official.

After having done at least six months with company A since filing the I-485, you don't have to go back to company A. But if not going back to company A, after the GC approval you should be staying with company B who becomes your new de facto sponsor. Unless you change to company C ...

Using your AP to return means your H1B status will be gone (but there are some procedures and exceptions to get back into H1B status ... there are some ifs and buts involved, so talk to a lawyer for details relevant to your situation).
 
sam_nyc said:
what kind of questions can be asked at POE ?
Click to expand...
Some typical questions are:
Name of your parents
Who is your GC sponsoring Employer?
Who is your current Employer?
How long have you been away?

sam_nyc said:
is it better to keep a copy of the EMP Letter also
Click to expand...
Not necessary.

sam_nyc said:
Does one have to Enter POE in the same State( as mentioned in AP)
or different State
I mean my address is NY but can i Enter POE in West Coast
Click to expand...
You can enter thro any POE in USA. I have entered thro many POE (ORD, LAX, JFK, DFW, ATL, CVG, EWR) using AP during my 4+ years journey towards GC:)
 
Jackolantern said:
The POE doesn't matter, as long as your papers are inspected by an immigration official.

After having done at least six months with company A since filing the I-485, you don't have to go back to company A. But if not going back to company A, after the GC approval you should be staying with company B who becomes your new de facto sponsor. Unless you change to company C ...

Using your AP to return means your H1B status will be gone (but there are some procedures and exceptions to get back into H1B status ... there are some ifs and buts involved, so talk to a lawyer for details relevant to your situation).
Click to expand...

Hi Jackolantern,

I have actually asked two lawyers about the issue if using AP would make the current H1-B as invalid. One lawyer said confidently that this (AP) would not effect my H1-B, but if I exercise the EAD then it would invalidate the H1-B. The other lawyer said that there is a possibility that my H1-B would be effected by AP. I am planning to travel on AP next month and planning to get married and bring my wife on H-4. That would mean that I would apply her H-4 based on my H1. I am confused and really concerned here. I just dont want to make a wrong decision.

Another question is, once a person uses AP, how can that person confirm that USCIS has declared his/her H1-B as invalid. Is there any specific procedure or any resource for that?

Your response is greatly appreciated!

Thanks!
-Orange 76
 
Orange76 said:
Hi Jackolantern,

I have actually asked two lawyers about the issue if using AP would make the current H1-B as invalid. One lawyer said confidently that this (AP) would not effect my H1-B, but if I exercise the EAD then it would invalidate the H1-B. The other lawyer said that there is a possibility that my H1-B would be effected by AP. I am planning to travel on AP next month and planning to get married and bring my wife on H-4. That would mean that I would apply her H-4 based on my H1. I am confused and really concerned here. I just dont want to make a wrong decision.

Another question is, once a person uses AP, how can that person confirm that USCIS has declared his/her H1-B as invalid. Is there any specific procedure or any resource for that?

Your response is greatly appreciated!

Thanks!
-Orange 76
Click to expand...

Though your question is directed to Jack, I think I can answer this based on my past experiance. I myself travelled using AP thrice and renewed my H1 after my travel twice. (Once before I-140 approval for an year and once after I-140 approval for 3 years without any problem).

My family as well travelled back using AP and extended their H4 along with me without any issues.

I also hope that there is a recent memo from USCIS regarding this published recently. Please see the following link for more detailed information:

http://www.usabal.com/news/2007/07Oct31.html

Thanks
 
nlssubbu said:
Though your question is directed to Jack, I think I can answer this based on my past experiance. I myself travelled using AP thrice and renewed my H1 after my travel twice. (Once before I-140 approval for an year and once after I-140 approval for 3 years without any problem).

My family as well travelled back using AP and extended their H4 along with me without any issues.

I also hope that there is a recent memo from USCIS regarding this published recently. Please see the following link for more detailed information:

http://www.usabal.com/news/2007/07Oct31.html

Thanks
Click to expand...

Hi,

I am planning to travel by mid december. I talked to my lawyer if there are any instructions about using AP and if I get married in home country and keep H1-B.
Here is his reply:
If you do use the advance parole visa then when you return to the United States you will no longer be on the valid H-lB and /or H-4 visa status and will then be on the advance parole visa status only.

If you do use the advance parole visa you must have a valid passport and the two (2) original Advance Parole Visas for each person. When you return you will be given a new From I-94 upon your return to the United States and once you do I need a copy of that to show your change of status from the H-lB visa to the advance parole visa status.

Many people like to keep the H-lB Visa status and in order to do so you would have to obtain a new multiple entry H-lB Visa abroad to allow you to return on the H-lB visa status.


If you were to get married in the future and wish to include your wife that would be a problem as she could not obtain the H-4 visa status as you no longer would have the valid H-lB Visa status in the United States.

Now since I do not have much time and I am getting very concerned about what to do. Also, I don't want to piss off my lawyer by doing something against his advice at the same time I want to go back and get married.

My question is, is there any online resource by a valid authority that says AP would not harm H1-B?
Also, if you read his comment about new I-94, does the new I-94 would be given on H1-B or Advance Parole.

Another question is, how do I know from USCIS that they have changed my status from H1-B to AP and my H1-B is no longer valid once I come back to US on AP.

Much appreciated!
-Orange76
 
Hi Orange,
I am also in a similar situation. I have AP and EAD and also have a new I-797 (7th year extension based on I-140 approval and visa retrogression). The law dept in my company said that it is indeed OK, for someone to come back on AP and still be on H1B status. But she said that there will be unnecessary confusion, as you will be using AP to enter but using H1B to work.

I am also getting married this december and since I want to bring my wife on H4, I decided to go ahead and schedule an appointment for H1B stamping. Appointments are available relatively easily these days (in short notice).

In Chennai, as of now, appointments are still available for first 2 weeks of December and first 2 weeks of January.

If I were you, if at all possible, I would try to get the stamping to be on the safe side. With so many different interpretations of the law, I think it is better to take the safe approach, especially since in my case (and in your case), we are getting married and dont want our wives to be unable to come on H4.
 
tamizhan24 said:
Hi Orange,
I am also in a similar situation. I have AP and EAD and also have a new I-797 (7th year extension based on I-140 approval and visa retrogression). The law dept in my company said that it is indeed OK, for someone to come back on AP and still be on H1B status. But she said that there will be unnecessary confusion, as you will be using AP to enter but using H1B to work.

I am also getting married this december and since I want to bring my wife on H4, I decided to go ahead and schedule an appointment for H1B stamping. Appointments are available relatively easily these days (in short notice).

In Chennai, as of now, appointments are still available for first 2 weeks of December and first 2 weeks of January.

If I were you, if at all possible, I would try to get the stamping to be on the safe side. With so many different interpretations of the law, I think it is better to take the safe approach, especially since in my case (and in your case), we are getting married and dont want our wives to be unable to come on H4.
Click to expand...

Hi tamizhan24,


Your case is almost as my case but with one difference, it is easy for you to get appointment for H1-B stamping as you are in India. But I am from Pakistan and there it takes 6 to 8 weeks. This would not work as in that case I would loose my Job. This makes my situation extremely difficult. I am still not sure what to do.

I would appreciate input from anyone on this.

Thanks!
Orange76
 
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