Using AP after H1 approval..URGENT HELP NEEDED!!

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rs_mangat

Registered Users (C)
Hi Gurus,
I need your urgent help.

I'm working H1. I also have a EAD & AP but have never used (just used as a backup). My old H1 has expired & I'm waiting for the approval of my H1 extension. Now my question is:

If I get the approval of H1 & then travel out of USA...now on coming back if I don't have H1 STAMPED on my passport & I use AP for entering back, will my H1 be still valid??

The reason for asking this Q is :: Even though I'll try by best to get my H1 stamped on passport when I'm out of coutry, if I am not able to do so & use my AP while coming back, just wanted to know if I can still continue working on H1...!!

PLEASE respond ASAP as I've to travel next week.
THANKS in advance
 
YES.
Only if you use EAD, H1 gets invalidated; AP is just a travel document.
 
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Hmmm. I know that this question has been asked in the past too and the answer was same as the one armie has given.

But when I asked the same question to my lawyer - here is what he/she had to say:
When traveling using the AP, all you need to carry is the EAD card, a valid passport, and all pages of the AP document. No H visa or H approval notice is necessary. In order to enter using your h status, each person MUST have a valid h visa in his or her passport.


The above obviously contradicts what gurus in these forums are saying. So my question is, is there any official document, page which states the same??


armie said:
YES.
Only if you use EAD, H1 gets invalidated; AP is just a travel document.
Click to expand...
 
See this post for a short answer.
If you like reading a lot:
http://www.immigrationlinks.com/news/news301.htm
http://shusterman.com/cronin51600.html


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
 
Thanks Armie.

It does explain things. But it still does not say explicitly that you do not need the new H1 visa stamp in your passport (although it does not deny it too). So this still seems to be a grey area - I mean if I show immigration officer in New Delhi the new H1B approval, but there is no visa stamp in my pp, will he allow me to trave to US?? - I really doubt it. On the other hand, if I show him the AP, that would imply I want to use it and be on paroled status rather than H1B status.

What do you think of above scenario.

(BTW - I'm not surprised that my lawyer has been proved wrong here, since he has made incorrect statements in the past too.)

armie said:
See this post for a short answer.
If you like reading a lot:
http://www.immigrationlinks.com/news/news301.htm
http://shusterman.com/cronin51600.html


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
Click to expand...
 
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Hey armie...
Thanks man...
But my question is :: do they issue I-94 when u use AP for entry into US??
If yes, then how much validity they put on that I-94. (in case of H1, the validity of I-94 is the expiry date of your H1)

If no, then will i face any problem leaving the country again as I won't be having I-94 while leaving?

Also, as per your reply, anyone can file for an extension of H1 inspite of entering USA on AP BUT once the approval comes, the AP will be cancelled & he'll come back on Non-iimigrant (H1) status...how will this happen??...is it automatic or we have to file for some papers...
Also, I hope this cancellation of AP won't affect I-485 status??

Sorry for confusing you guys but I reallly need help ma'n..
thanks..
 
rs_mangat said:
do they issue I-94 when u use AP for entry into US??
If yes, then how much validity they put on that I-94. (in case of H1, the validity of I-94 is the expiry date of your H1)


Also, as per your reply, anyone can file for an extension of H1 inspite of entering USA on AP BUT once the approval comes, the AP will be cancelled & he'll come back on Non-iimigrant (H1) status...how will this happen??...is it automatic or we have to file for some papers...
Also, I hope this cancellation of AP won't affect I-485 status??
Click to expand...

They do not issue I-94 when you enter on AP. However, you can use the I-94 on your H1 approval notice (I-797) for future H1/H4 extensions and stamping.


AP is never cancelled, they do expire after 1 year which have no impact on your I-485.
 
WhyThisDelay said:
Thanks Armie.

It does explain things. But it still does not say explicitly that you do not need the new H1 visa stamp in your passport (although it does not deny it too). So this still seems to be a grey area - I mean if I show immigration officer in New Delhi the new H1B approval, but there is no visa stamp in my pp, will he allow me to trave to US?? - I really doubt it. On the other hand, if I show him the AP, that would imply I want to use it and be on paroled status rather than H1B status.

What do you think of above scenario.

(BTW - I'm not surprised that my lawyer has been proved wrong here, since he has made incorrect statements in the past too.)
Click to expand...

Buddy, you would not need to apply for H1B visa when using AP. Even while using AP, my H1B status is still valid, which is determined by 797 and not the visa. Therefore just think of AP as a visa to enter US while still remaining on the H1B status.
 
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