What is my status?

[fantomX]

Here is my situation:

Priority date is 9/6/2002, the LC was certified in June 2007. Filed 1-485, and I-140, EAD and AP on 8/17/07. EAD approved in 11/2007 and AP approved in 2/2008. I-140 and I-485 still pending. No Valid H1 stamp in the passport. Got my H1 (tenth extension - till 7/2009) just before traveling on AP in May 2008. I used AP when returned to the US. My passport doesn't have the H1-B I-94.

My question is what is my status now for employment? Can I keep working on the approved H1 petition, although I do not have H1-B I-94? I am not using the EAD. My previous H1-B I-94 expired 7/14/2008, but I have a new one before my last return to the US, which is valid until 7/14/2009.

Do I need to use EAD? Will I get any more H1 extensions, if I used AP to enter the US? Am I keeping H1 status by not using EAD? Even though I used AP to reenter the US?

Thanks.

 

[great guru]

If your I 94 is valid until 7/14/2009, you are working under your H1B only. Keep renew H1B until your I 485 gets approved.

Here is my situation:

Priority date is 9/6/2002, the LC was certified in June 2007. Filed 1-485, and I-140, EAD and AP on 8/17/07. EAD approved in 11/2007 and AP approved in 2/2008. I-140 and I-485 still pending. No Valid H1 stamp in the passport. Got my H1 (tenth extension - till 7/2009) just before traveling on AP in May 2008. I used AP when returned to the US. My passport doesn't have the H1-B I-94.

My question is what is my status now for employment? Can I keep working on the approved H1 petition, although I do not have H1-B I-94? I am not using the EAD. My previous H1-B I-94 expired 7/14/2008, but I have a new one before my last return to the US, which is valid until 7/14/2009.

Do I need to use EAD? Will I get any more H1 extensions, if I used AP to enter the US? Am I keeping H1 status by not using EAD? Even though I used AP to reenter the US?

Thanks.

 

[fantomX]

But my current I-94 is based on the AP, not H1-B status. I got the extension for H1, before traveling abroad. I didn't get H1 visa stamped, but the H1B has been approved until 7/2009.

So, can I work under H1B based on the approved I-129 and keep extending it, even though I used AP to enter the US?

 

[jk0274]

So, can I work under H1B based on the approved I-129 and keep extending it, even though I used AP to enter the US?

Exactly - yes you can. You can ignore the date on your I-94 as long as your I-485 is pending. Once you extend your H-1B, you will be back in H status once the extension is approved. In the meantime, while you are in parolee status, you can continue to work legally for your H-1B employer as you are (without EAD) as long as you work there exclusively.