Will using AP to reenter US annual my H1?

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james5123

Registered Users (C)
Will using AP to reenter US annul my H1?

Hi, I have filed I-140 & I-485 last August and they are still pending. However, I got my EAD & AP this April. I have an international conference coming up and I am wondering if I can go. If I use my approved AP to enter US, will that automatically annul my H1 status?
 
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I think that entering U.S. with AP categorize the individual as a parole status. (but I am not sure whether a parole status is equal to AOS, I am not sure either whether that individual's legal status will be terminate at the time decision on I485 is made.), however, that individual might apply for extent his non-immigrant status.

if I am wrong, please let me know.
 
My lawyer told me one can use AP and not lose H1 status - but if one changes the employer, gets fired or leave, whatever the reason etc., it might get complicated. So if you do not change the employer travelling with AP and keeping H1 should be OK.
 
I am in such situation...

I am working with H1b in a univ. who sponsored my H1 and GC. This summer I entered U.S. with AP. As per most lawyers, I am still in H1 status, right?

However, I will join another univ. from next Jan. This makes my case complicated. Can I transfer H1 to the new univ.? Thanks a lot.
 
stonewall said:
My lawyer told me one can use AP and not lose H1 status - but if one changes the employer, gets fired or leave, whatever the reason etc., it might get complicated. So if you do not change the employer travelling with AP and keeping H1 should be OK.
Click to expand...

Right. Working for an employer who does not hold your H-1B is incompatible with H-1B status and therefore invalidates the H-1B but entering the US on AP does not invalidate the H-1B status. There is a USCIS memo on this specific point.
 
Jim,

I am in the same boat as "James5123"(H1-B) and planning a trip to my home country. And, planning to use AP for my return.

But, my wife is on F-1(valid) status without a valid visa. Is it possible for her to use her AP to enter the country and still on F1 status?

Thanks,
rbamara
 
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In this kind of situation one should proceed very carefully. As per Law an alien's immigration status is decided by what is mentioned on I-94. When you enter with advance parole, your new I-94 will be stamped as Parolee/AS. So technically you will no longer be under H1. If somehow your I-485 application gets rejected you may go out of status.
 
I was on O-1 when I reentered the US using AP. The new I94 had AOS as my new status, and my attorney told me that I was no longer on O-1. I was asked to renew my EAD to continue working legally.
 
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