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Working with Old Aproved H1B after using AP
- Thread starter india62
- Start date
manwithnoname
Registered Users (C)
I don't think that's possible. Once you use the AP, you are invoking Adjustment of Status (AOS) and your H-1B is deemed abandoned. In that case use the EAD to work.
varsityboys
Registered Users (C)
I don't think that's possible. Once you use the AP, you are invoking Adjustment of Status (AOS) and your H-1B is deemed abandoned. In that case use the EAD to work.
Keep your myths to yourself and please don't pass on wrong information.
Yes, you can use your AP and still be on H1. There is absolutely no confusion when you are the primary in the 485 application. I do not have an EAD, still on H1B and planning to just use AP while coming back after a foreign trip and have confirmed with the lawyers.
On the other hand, for the dependents, he did say it is a grey area. But, he advised me to get the EAD for my wife (as my dependent) b4 foreign travel. While coming back she can use the AP and still maintain her H1B with her company. He just wanted her to have the EAD also (though not being used) just in case IF there are any confusions related to it later. This way if a question arises later, there is a strong argument that she was authorized to work anyways.
I see lots of input in this forum regarding this issue and most of them disagree with possibility of use of H1 visa after using AP. Since "Versityboys" has given his opinion with confidence, I would not like to ignore this. Is this can be confirmed from any immigration website? Can we have any comment from Lawyer
Found some update on Rajivs Website
Q6 If an H or L nonimmigrant has traveled abroad and reentered the United States using advance parole, the alien is accordingly in parole status. Can the alien now apply for an extension of nonimmigrant status?
A6 No. The person was paroled into the United States and, therefore no longer has an H-1 or L-1 nonimmigrant status in the United States to extend or change. As a parolee, the alien must obtain an EAD in order to be employed, regardless of employer.
Nonetheless, there is nothing that prevents the employer from requesting an extension of the nonimmigrant visa petition. If the aliens’ activities have otherwise been consistent with those of an H-1 or L-1 nonimmigrant, s/he may use an existent nonimmigrant visa or secure another overseas and then reenter the United States as an H or L nonimmigrant. The fact that the alien-beneficiary is an applicant for adjustment will have no effect on admissibility if the alien is otherwise admissible.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
Q6 If an H or L nonimmigrant has traveled abroad and reentered the United States using advance parole, the alien is accordingly in parole status. Can the alien now apply for an extension of nonimmigrant status?
A6 No. The person was paroled into the United States and, therefore no longer has an H-1 or L-1 nonimmigrant status in the United States to extend or change. As a parolee, the alien must obtain an EAD in order to be employed, regardless of employer.
Nonetheless, there is nothing that prevents the employer from requesting an extension of the nonimmigrant visa petition. If the aliens’ activities have otherwise been consistent with those of an H-1 or L-1 nonimmigrant, s/he may use an existent nonimmigrant visa or secure another overseas and then reenter the United States as an H or L nonimmigrant. The fact that the alien-beneficiary is an applicant for adjustment will have no effect on admissibility if the alien is otherwise admissible.
[Index] [Compiled by Law Offices of Rajiv S Khanna]