Using AP/maintaining H

J

jkvaisnavi

Registered Users (C)
Experts,

we have AP and valid H, I know many of you went out and came back using AP and maintained H status.

My attorney saying once we come back(leaving to india this weekend) using AP then we have to update the I-9 form with EAD details, I don't have EAD, i have a 3 yrs H extn..

Do we have any link or document(uscis??) which says after coming back using AP we can leagaly maintain the H status even though we are parolee, something like that?

Appreciate your response.
 
You do not loose H1 if you use AP. But if use EAD you will loose H1 and you employer need to update I-9 form.

I think your lawyer got confused.
 
imcdude said:
That is correct.You can use AP while u are on H-1. I have confirmed with my lawyer.
Click to expand...

Now what would happen if your 485 application is not approved and you entered using AP?

I would think since the H1 is still valid, one should be fine? Anyone?
 
Friends, Thanks for all your replies, my attorney did some research and confirmed me that I can enter using AP and maintain H1 without intiating again..

It looks like there is a CIS memo that appears to allow this, but they never issued the offical regulations.
 
Any special to be done?

I have a similar situation as yours.

Do you have to do anything special (like filing separate documents) to get back to your H1B status after you re-enter in AP?

Thanks

Narayanan
 
s_narayanan said:
I have a similar situation as yours.

Do you have to do anything special (like filing separate documents) to get back to your H1B status after you re-enter in AP?

Thanks

Narayanan
Click to expand...

No you do not have to do anything. AP does not invalidate H1B.
 
You must log in or register to reply here.
Top