Using AP and H1 status

[ip1f]

Hello,

I had H1 visa stamped on passport which expired. H1 was extended while I was in USA.
Now, I'm outside US with Advance Parole and H1 not stamped.

If I return to US, using Advance Parole, can I still get H1 status (even though H1 is not stamped on passport) ?

Thank You.

 

[ginnu]

Hello,

I had H1 visa stamped on passport which expired. H1 was extended while I was in USA.
Now, I'm outside US with Advance Parole and H1 not stamped.

If I return to US, using Advance Parole, can I still get H1 status (even though H1 is not stamped on passport) ?

Thank You.

If you are going to work with employer who filed latest H1 then you will be on H1 status.
you can read the below links
H1, AP

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.