Does re-enter USA with AP invalid H1 status?

[Sreenuuk]

If you don't have valid visa stamping in your passport and re enter to USA on AP will invalid the H1B status? Did any one used AP while on H1B? Please share your experiences.


Thanks

[prince_waiting]

Originally Posted by Sreenuuk

If you don't have valid visa stamping in your passport and re enter to USA on AP will invalid the H1B status? Did any one used AP while on H1B? Please share your experiences.


Thanks

My friend entered the US using AP and had to give up his H1B status. Coming to the next part of your question, anybody with a valid H1B would not use AP to return to the US in the first place. It is always considered a safe bet to maintain your H status as long as possible.

[Sreenuuk]

Thanks

[fcres]

Originally Posted by prince_waiting

My friend entered the US using AP and had to give up his H1B status. Coming to the next part of your question, anybody with a valid H1B would not use AP to return to the US in the first place. It is always considered a safe bet to maintain your H status as long as possible.

Well according to a member nlssubbu he used AP mutiple times and still worked on H1 and renewed it also.
http://immigrationvoice.org/forum/sh...9&postcount=87

[fcres]

Originally Posted by prince_waiting

My friend entered the US using AP and had to give up his H1B status. Coming to the next part of your question, anybody with a valid H1B would not use AP to return to the US in the first place. It is always considered a safe bet to maintain your H status as long as possible.

Would you please check with your friend why or how he had to give up his H1 status?

[crystal]

What you stated below make more sense to me only when you have not finished your six years on H1B.

Otherwise I dont see any specific use staying on H1-B other than you can travel in and out whenver you want ,once you have valid visa stamped on passport (AP is valid only for an year ) and keeping away from the hassel of renewing EAD every year.

If you finsihed 6 years and in case your I-485 is denied then you need to leave the country even if you on H1B or EAD.
If you not finsihed 6 years and in case your I-485 is denied and you are mainitainng H1B then you can continue stay here for the rest of H1B and re-start the green card process depending on the reason of denial.

Originally Posted by prince_waiting

It is always considered a safe bet to maintain your H status as long as possible.

[fcres]

Originally Posted by crystal

If you finsihed 6 years and in case your I-485 is denied then you need to leave the country even if you on H1B or EAD.

I never heard that if your 485 is deined you are out of status if your H1 is over 6 years. Do you have any link which says this?

[abhicyber]

As per the following website I dont see any problem using AP, it does not invalidate your H1B as long as your are with your current employer.

http://www.hooyou.com/advanceparole/h1bv-ap.html

See below:
In the event that the Advance Parole is used by an H-1B visa holder, instead of getting an H-1B visa to re-enter the US, and one resumes employment with the same employer for whom they had previously been authorized to work as an H-1 nonimmigrant without using their EAD, they are in parolee status. However, after being paroled in by using an Advanced Parole, one may work for their current employer with their EAD or change employers with their EAD, one is no longer able to come back to the H-1B status by an H-1B extension or transfer. In that case, they can still lawfully stay in the U.S. during the I-485 pending period.

[crystal]

As far as I know.
i dont have a link,
The reason for H1-B extension over 6 years is beaucse your I-485 is pending (or I-140 is approved and waiting to file I-485). Once I-485 is denied H1-B would autoamtically will be invalid.

Originally Posted by fcres

I never heard that if your 485 is deined you are out of status if your H1 is over 6 years. Do you have any link which says this?

[prince_waiting]

I asked my friend and he said that he did not renew his H1 voluntarily. He told me that since he used cross chargeability to file his AOS (his wife is born in some middle eastern country), he expects to get his GC in about a years time and did not want to waste money applying for an H1 extension.

Sorry for the confusion I might have caused.

[fcres]

Originally Posted by crystal

As far as I know.
i dont have a link,
The reason for H1-B extension over 6 years is beaucse your I-485 is pending (or I-140 is approved and waiting to file I-485). Once I-485 is denied H1-B would autoamtically will be invalid.

That is a valid point, but i'm not sure its true. Otherwise why would so many lawyers advice you to try to maintain your H1 status rather than using EAD (even if your 6yr limit is over)? I believe for most of the applicants the 6yr limit is over or will be over very soon.

[serg]

Originally Posted by crystal

As far as I know.
i dont have a link,
The reason for H1-B extension over 6 years is beaucse your I-485 is pending (or I-140 is approved and waiting to file I-485). Once I-485 is denied H1-B would autoamtically will be invalid.

Who told you that? Have never heard about it. Very interesting. I though you have to leave US if you are in AOS status AND 485 got denied. But not H1. And yes, that's why a lot of lawyers recommend to keep H1 status as long as you can, as 'backup' option.

[skv]

Originally Posted by crystal

As far as I know.
i dont have a link,
The reason for H1-B extension over 6 years is beaucse your I-485 is pending (or I-140 is approved and waiting to file I-485). Once I-485 is denied H1-B would autoamtically will be invalid.

Even if I-140 is not approved or I-485 is denied, you can still file for H-1B one year extension, after completing 6 years term, as long as the employer files petition for you.

If you have an approved I-140, then you're eligible for 3 years extension.

It's always better to have H-1B status as long as you have the Green Card. I'm not saying not to apply for EAD/AP, go it as well.

It's like a backup server, in case system outage. :-)

[fcres]

Originally Posted by prince_waiting

I asked my friend and he said that he did not renew his H1 voluntarily. He told me that since he used cross chargeability to file his AOS (his wife is born in some middle eastern country), he expects to get his GC in about a years time and did not want to waste money applying for an H1 extension.

Sorry for the confusion I might have caused.

Thank you for the clarification. So far i never read that anybody had to give up their H1(for the same employer) just because they used AP.

[crystal]

I know that part you get one year h1-b extension after 6 years if your labor is filed more than one year ago (meaning you intend to file I-485) but can you tell me what exactly the use being on H1-B after 6 years,once you filed I-485, other than what i stated?

Originally Posted by skv

Even if I-140 is not approved or I-485 is denied, you can still file for H-1B one year extension, after completing 6 years term, as long as the employer files petition for you.

If you have an approved I-140, then you're eligible for 3 years extension.

It's always better to have H-1B status as long as you have the Green Card. I'm not saying not to apply for EAD/AP, go it as well.

It's like a backup server, in case system outage. :-)