Will travelling on AP cancel the current H1B visa ?

S

srikvln

Registered Users (C)
Hi Gurus,
I had a question about using AP to enter US, when you have a valid H1B.
So, I searched and found the following link. But the link is dated in 2000. So, wasn't sure, if the rules have changed or not.

http://www.murthy.com/news/UDnewins.html

Can someone please comment, if the rules mentioned in the link are valid now.

Basically my question is
If someone who has a valid H1B visa and an AP as well, and decides to use AP for re-entering US, will the H1B visa be cancelled ?. and will the person have to work on EAD after entering US ?

Your answers are highly appreciated.
Fellos GCSeeker.
 
srikvln said:
Hi Gurus,
I had a question about using AP to enter US, when you have a valid H1B.
So, I searched and found the following link. But the link is dated in 2000. So, wasn't sure, if the rules have changed or not.

http://www.murthy.com/news/UDnewins.html

Can someone please comment, if the rules mentioned in the link are valid now.
---- info posted on lik is valid
Basically my question is
If someone who has a valid H1B visa and an AP as well, and decides to use AP for re-entering US, will the H1B visa be cancelled ?
__ H1B visa will NOT not be cancelled , but why someone who has valid H1 will use AP????
. and will the person have to work on EAD after entering US ?
----- if you use H1 no need to use EAD, if you use AP and stll working with your employer who filed your latest H1 you are on H1 status, can also extend H1 status, no need of use of EAD if you enter with AP and going to work for employer who holds your latest H1.
Your answers are highly appreciated.

for more info read below:
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.



Fellos GCSeeker.
Click to expand...
 
According to at least one immigration officer when I entered, they told me that since I had an AP, I HAD to use that until my GC had either been approved or denied, they wouldn't let me use the H1 to enter the US as that was no longer a valid status for me.
 
dual intent is a valid issue. I had a similar choice to make when i re-entered country , and decided to use my non-immigrant visa even though i did have a valid AP.
 
Thanks for all the replies.
Definitely, one can use the H1B to enter here.
But there are a lot of issues in using it, now that you have to face an interview at the consulate. The time delay in getting an appointment for the interview, being the least of the issues.
There might be a lot of questions about the company and all the past companies for which you had held the H1B over your complete stay here.
Not all the immigration officers at the consulate might have the latest information about the current rules and this might be causing unnecessary complications; as your job is at stake here and you don't have a lot of luxury to sort the issues over an extended period of time.

ARLA, can you please clarify the following -
Did you have a valid H1B at that time(Were you working on your H1B and not on EAD) ?
Did you quote the rule that Sheela Murthy's quote has ?
When you had to use AP to enter again, did you have to use your EAD to work after you entered ?

Thanks for all your prompt replies.
Hopefully, situations will get better and we all will get our gc's
A Hopeless Optimist.
 
I had similar experience last month
I came back from India on Nov 20 th, at the point of entry, Immigration Officer refused to use H1B visa valid(till Sep 2005) even though I insisted that I'm working on my H1B and my passport has a valid Visa till Sep 2005, but used advance parole instead, My I-94 now reflects as AOS.

I'm working on H1B right now, but let me know if you guys think otherwise
 
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