PDA

View Full Version : H1 Extension after using Advance Parole


krishna_brc
06-20-2008, 01:32 PM
Can someone who used Advance Parole to travel back to USA extend his H1.
Candidate has H1 valid while coming back and also worked on H1 after coming back.

meridiani.planum
06-20-2008, 02:24 PM
Can someone who used Advance Parole to travel back to USA extend his H1.
Candidate has H1 valid while coming back and also worked on H1 after coming back.

yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.

krishna_brc
06-20-2008, 03:21 PM
yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.

Thank you very much.

nlssubbu
06-20-2008, 04:41 PM
I used AP thrice and renewed my H1 twice after entering using AP without any issues.

Thanks

chantu
06-20-2008, 04:48 PM
I used AP thrice and renewed my H1 twice after entering using AP without any issues.

Thanks

Now I have a question?

My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.

panky72
06-20-2008, 05:01 PM
Now I have a question?

My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.

I am also planning to do that. I think we can do that but I will clarify with my attorney next week.

chantu
06-20-2008, 05:11 PM
I am also planning to do that. I think we can do that but I will clarify with my attorney next week.

Please let us know what he says!

bekugc
06-20-2008, 07:57 PM
sure, pls verify with lawyer to be safe

common consensus seems to be -->

if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)

hope this helps...

VivekAhuja
06-20-2008, 09:09 PM
Yes....you can do all those.... even though I cannot see a DESPERATE reason to "shift" to H1-B or to be in the country on H1-B when your actually work status is infact H1-B (even if enetered on AP) and your immigration status is parolee.

panky72
06-25-2008, 07:07 PM
sure, pls verify with lawyer to be safe

common consensus seems to be -->

if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)

hope this helps...

I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.

casinoroyale
06-25-2008, 10:37 PM
I used AP thrice and renewed my H1 twice after entering using AP without any issues.

Thanks

nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

Dhundhun
06-26-2008, 06:13 AM
...The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.

But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
-- When a person is having vaild H-1B or H4 visa
-- When a person is already having AP and is returning within the validity existing AP.

manusingh
12-23-2008, 07:28 PM
nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

can you share your exp. about using AP than get H-1b extension and again using of AP. how did it go.

regards