AOS to VISA

[sanju_dba]

is this is right?

-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).

PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.

[doggy]

As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).

[mantagon]

Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.

Hope this helps!

is this is right?

-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).

PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.

[piyu7444]

Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.

Hope this helps!

I probably know this works the way you have stated but do we have any references to legal document? rule? etc......

Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.

Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.

[sanju_dba]

As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).

How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf

[deepakjain]

is this is right?

-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).

PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.


Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.

You are eligible for H1B extension after expiry and again get back to H1B status.

Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...

I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....

[deepakjain]

Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....

It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.

THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here

[piyu7444]

Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....

It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.

THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here

Apart from peace of mind is there any other advantage to be on h status?


If I only have AP and no h1b stamp then is there any harm in entering using AP and then continue working on h1b (informing the employer) ?

I am not scared of the situation -''what happens if GC is denied'' but still would want a h stamp as AP is a lot of hassle.

[doggy]

How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf

You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.

[transpass]

You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.

As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.

[number30]

MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)