Worth getting H1 stamp or just stick with AP?

emailraja

New Member
Considering that even after entering on Advance Parole you can keep your H1 status, is it worth going to Canada to get an H1 stamp due to the long waiting list for H1 appoinment in India?

Could someone please summarize the pluses and minuses of H1 stamp vs using AP?
 
Hi can you please elaborate on how can we keep the H1 status after entering US using AP

Thanks

Kalatta
 
Kalatta

Use AP to re-enter. Now at foreign consulates ( I know friends who are stuck in India for a month or so) it is taking time get security clearance for VISA stamp.

-Once can use AP to re-enter and maintain H1B status.
-It does not matter whether the H1B Visa stamp you have in PP is expired or not as long as you kave a valid H1-B for all the time.

An extension to that is, try to maintain H1B status as much as possible till you get your green (b'coz can bring spouse, change jobs without hassles of AC21 sometimes etc)

EmailRaja
Why do you want to go to canada for H1B. Most probably they will invalid your current stamp and ask you to get one in your home country.
If you have AP, use it.

PS: I am not a lawyer
 
My current stamp is expired anyway. I'm on the 7th year extension. So you think they may not give me a new stamp? The $700-800 on the trip to canada will be a waste then.
 
Can one tansfer H1B after using AP?

One further question. If one uses AP to reentry, one's status is actually AP with underlining H1B according to my laywer. Can one still do H1B transfer for changing job (invoke AC21 certainly)? I can't ask this question to my lawyer.
Thanks,
 
GCIsTortoise said:
One further question. If one uses AP to reentry, one's status is actually AP with underlining H1B according to my laywer. Can one still do H1B transfer for changing job (invoke AC21 certainly)? I can't ask this question to my lawyer.
Thanks,
Your status is not AP if you enter on AP.
Your status is pretty much H.

You can do anything that you could normally do on H status -- using AP has no impact on this at all.

See the Cronin Memo for more.
 
Top