Used AP at P.O.E

B

bkv

Registered Users (C)
Can any one answer these questions

I have a question about we using AP at P.O.E last week,
Last week I, my Wife and Kid came back from India. At P.O.E initially I and my kid showed our Valid H1B and H4 Visa Stamping in our Passports and the officer Stamped the I-94 based on that, but when my wife showed her AP since she used EAD before, officer questioned us How can she apply for G.C without me, so I told him that I and my kid also applied with her but we are still maintaing our H1B and H4 Status. But he insisted that since we applied for G.C our status AOS and asked for our AP,s, luckily we had both and he again changed the I-94's to reflect AOS.


My Questions are
1. What is my status right now as I'm working on H1B not EAD.My present H1B is valid till Sep 2005.

2.Can I apply for 7 th year extension, and also Extend H4 for my Kid as both our I-94's show as AOS.

3.Can my wife get back on H4, In future.
 
SAme Experience

I had the same experience on November 27th at Atlanta. Immigration Officer refused to use H1 saying it is only valid for 6 months and AP is more benficial for me as it will be valid for one year. He even confirmed that with his supervisor.

I asked the same question to my company lawyer and below is the response I got ...
******************************************************
As long as you have not violated your H-1 status by accepting employment
somewhere outside of company xxxx, your status is still valid, even if
you were last admitted on advance parole.
******************************************************

My question to lawyer was:
I have a question related to advance parole.
>
> I came back from India last weekend and at the point of entry Immigration
> officer used the advance parole instead of my H1 visa to let me in saying that Advance parole is more beneficial for me as it is valid for 1 year whereas as my H1 is expiring in June 2005.
>
> My question is, do I need to use my EAD or I can still maintain my H1
> status?
> In case I will have to use EAD please let me know if I need to complete
any form and submit to human resources.

BAsed on this I think you are also maintaining H1 but I am not sure about remaining two queries.
 
Thanks a lot Neelay,

Can i still work on H1B or need to use EAD, and update the HR tha same.

Are you right now working on EAD or H1B.?????? Please let me know so that I can do the needful.
 
As per lawyers response I am still working on H1B and has not provided any forms to HR.
 
My HR is asking for new I9 form, and telling me that I cannot be working on H1B anymore as I used A.P at P.OE.

I'm not sure what to do.Is there a way we can validate this and update my HR.What is your suggestion, please help me out.
 
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