What can I do in this situation

A

APISSUE

New Member
Immigration Gurus Please help.

My current situation:
My passport was stamped visa with company A and visa expired 2003. They reapplied new H1 which will expire in Aug 2006 (my passport didn't get stamped). I changed to company B with using this H1 and applied LC (approved),140 (approved) filed I 485 (approved AP and EAD 485 still pending). I got some family emergency I need to travel. And I do have the following questions.

If I use the advance parole to reenter United States, does this have any impact on my H1b status after I come back. Will the H1b status be still valid after the trip? And if yes can I change to a new company??
 
AP overrides H1 status...

AP overrides H1 status...
You can transfer to NEW company but you need new 140; But your OLD labour PD can retained.

I am not a lawyer....
APISSUE said:
Immigration Gurus Please help.

My current situation:
My passport was stamped visa with company A and visa expired 2003. They reapplied new H1 which will expire in Aug 2006 (my passport didn't get stamped). I changed to company B with using this H1 and applied LC (approved),140 (approved) filed I 485 (approved AP and EAD 485 still pending). I got some family emergency I need to travel. And I do have the following questions.

If I use the advance parole to reenter United States, does this have any impact on my H1b status after I come back. Will the H1b status be still valid after the trip? And if yes can I change to a new company??
Click to expand...
 
It is true that one is a Parolee upon using AP to re-enter the United States. However, for those with H1B or L1, the Dual Intent Memorandum (http://www.shusterman.com/hlmemo500.html) states the following.

4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?

A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization... is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H- I or L-1 employer between the date of his or her parole and the date to be specified in the final rule.

From what I understand, one can continue to work for the employer who sponsored the H1B even after using AP to reenter the US using the same H1B employment authorization. But if one decides to change employer after using AP, he/she must use EAD.



Disclaimer: This is not a legal advice.
 
I am not a lawyer, but from what I know, once entered using AP, it is perfectly OK to ask DHS/USCIS for a change of status from Parolee (DT) to H1B.

Once that happens, my guess is that that H1 can be transferred to a new company as long as the 6 year limit has not expired. The green card is really for a future job offer, not the current one. If the job offer remains even after changing employer, it is still a valid petition, in my view

As to whether the GC can also be transferred (AC21) with a transfer of H1B to a new company with "same or similar job" - that would a very interesting question. One that will require a good lawyer to be able to tackle .... ;)




Disclaimer: The above message constitutes only a personal opinion, not advice
 
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Thanks for replaies.

I got confused between muurthy's website and Rajeev website.
Murhty is saying that I can. Rajeev is saying that I loose H1 status.

I will post my expreience. Before that I want say Thanks to every one who posted their views.

APISSUE
 
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