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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1 (permalink)  
Old 01-10-2008, 02:20 PM
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Default Status of H1 after entering US on AP

My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

Can some one please throw some light.

Thanks
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  #2 (permalink)  
Old 01-10-2008, 02:23 PM
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Default

Its a gray area....!!!!!

She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.

From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.

I would suggest you to talk to your attorney.

Good luck
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  #3 (permalink)  
Old 01-10-2008, 02:29 PM
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Default

Quote:
Originally Posted by mytrix76 View Post
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

Can some one please throw some light.

Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval .

Thanks
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  #4 (permalink)  
Old 01-10-2008, 02:47 PM
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Default explain please

Quote:
Originally Posted by nlssubbu View Post
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval .

Thanks
Can you explain ur case in detail. the part "I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues." is interesting ... did u renew H1 by getting another stamp ... did u change companies on H1 after the AP travel ?
-M
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  #5 (permalink)  
Old 01-10-2008, 02:50 PM
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Default

Quote:
Originally Posted by nlssubbu View Post
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval .

Thanks
Thank you guys.
So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?
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  #6 (permalink)  
Old 01-10-2008, 05:28 PM
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Default You Can work for the same Employer On H1 even after entering US on AP

You Can work for the same Employer On H1 even after entering US on AP.

It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
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  #7 (permalink)  
Old 01-10-2008, 05:39 PM
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Default similar question

Guys please help me with below questions.

Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?

Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?

Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?

I appreciate your advice

Last edited by spouse485; 01-10-2008 at 05:43 PM.
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  #8 (permalink)  
Old 01-11-2008, 08:54 AM
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Default

Quote:
Originally Posted by absaarkhan View Post
You Can work for the same Employer On H1 even after entering US on AP.

It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
Thanks for the response. Can you please tell me how you were able to confirm that one can continue on H1 with same employer. Did you do this personally or did you hear from an attorney. The reason I am asking is that I want to be completely sure about it before I implemented it

Thanks again.
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  #9 (permalink)  
Old 01-11-2008, 10:29 AM
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Quote:
Originally Posted by spouse485 View Post
Guys please help me with below questions.

Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
[b]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.

B]
I appreciate your advice
Have a nice trip..!!!
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  #10 (permalink)  
Old 01-11-2008, 03:27 PM
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Default

My wife has started using her EAD so I understand that she would need to use the AP to re-enter US. But, I am still on H1 working for the same employer that is processing my greencard. Would I need to use AP to re-enter or can I re-enter on H1 ?....my lawyer suggests using AP but I've read at other places where they say you can continue to travel on H1

confused......
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  #11 (permalink)  
Old 01-18-2008, 11:33 AM
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absaarkhan has a spectacular aura about absaarkhan has a spectacular aura about absaarkhan has a spectacular aura about
Default Update on H1B Status After Entering US on Advance Parole

All,
I have a very GOOD update on
"IS H1B TRANSFER POSSIBLE AFTER ENTERING US ON ADVANCE PAROLE"

I posted this question On Rajiv Khanna's website on
The question is on the Jan 17th conference Questions list.
He answered my question.

According to him even after you enter on AP, u can still work for the same employer on H1B, and he also confirmed that we can do a H1B transfer even after using AP, NO NEED TO GO OUT OF USA FOR H1B STAMPING.

This is a very good info for me i was trying to get this info for a while now.

Hope this will be useful to atleast some of us.
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  #12 (permalink)  
Old 01-29-2008, 10:27 AM
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Default India travel H4-AP confusion

Hi,
my wife has received EAD and she also has H4 status. If she travels on H4 and get it stamped in India , can she work on EAD when she comes back?

Kindly request your help,
Anant
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  #13 (permalink)  
Old 01-29-2008, 11:18 AM
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Default

To Anantc

Yes She can work as long as the EAD is Valid.
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