Using AP means abandoning H1b?

M

Mingjing

Registered Users (C)
Find this line at http://www.immihelp.com/gc/aos/eadap_h1.html

"Using an AP means going out of US and showing AP to enter the US as a parolee instead of showing the visa to enter the US as a non-immigrant. As parolee can't work in US, he/she should get EAD before traveling on AP."

Does this imply that any one using AP to enter US will have to work on EAD instead of non-immigrant visa such as H1b? If yes, doesn't this mean using EAD means abandoning H1b? I thought I can use AP, but still work on H1b after entering US.

Thanks.
 
>Does this imply that any one using AP to enter US will have to >work on EAD instead of non-immigrant visa such as H1b?

Yes, you need EAD to work if you are using AP. Using your AP implies you have abandoned your H1

>I thought I can use AP, but still work on H1b after entering US.
You thought wrong .....
 
This URL Disagree with you

BUT, here is another URL http://www.murthy.com/UDnewins.html with following langauge -

"- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

" - An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired."

Does this speak for exactly the opposite - using AP has no impact on one's ability to continue to use valid H1b to work?
 
I read the links ginnu posted. One thing still not very clear: it seems H1 holders, enter with AP, work for the same company, he/she can keep H1 by filing an H1 extension. How does it work?

I also asked two lawyers, one says you are on H1, the other says no.
 
gc66, you may want to specify what your question is specifically. If you are asking whether extending H1b after paroled into US is THE only way to keep H1b valid, my reading of the document is "no" as it says later in the official document that you are still on H1b if it would otherwise be valid without you being paroled in US. If you are asking wehther you can extend H1b after being paroled (because your current h1b is expeiring), I think answer is yes. Maybe you are asking something other than these two?
 
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