EAD-AP Discussion

I have a quick question and I'll move it when answered.

I have my EAD/AP combo card and my H1 is expiring in Nov. I am thinking of getting it renewed. I was planning on using my H1 for work and AP for travel. But one of my friends said that if you use the combo card to enter the country, the H1 gets voided. Is this true ?

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Originally Posted by vizcard

I have a quick question and I'll move it when answered.

I have my EAD/AP combo card and my H1 is expiring in Nov. I am thinking of getting it renewed. I was planning on using my H1 for work and AP for travel. But one of my friends said that if you use the combo card to enter the country, the H1 gets voided. Is this true ?

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vizcard,

If you use AP to enter the USA, you become a Parolee and are not in H1B status.

However, under the legacy Cronin Memo, if you were in H1B status before travelling and return to work for the same H1B employer, then not using the EAD for Employment Authorization will not be considered Unauthorized Employment as long as the H1B petition is valid.

You can return to H1B status either by:

a) Leaving the US and returning using a valid H1B visa.
b) If an H1B extension is approved (with I-94), then the Parole is terminated and you resume H1B status.

This Murthy Memo explains it quite well.

The Cronin Memo can be found here.

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Originally Posted by Spectator

vizcard,

If you use AP to enter the USA, you become a Parolee and are not in H1B status.

However, under the legacy Cronin Memo, if you were in H1B status before travelling and return to work for the same H1B employer, then not using the EAD for Employment Authorization will not be considered Unauthorized Employment as long as the H1B petition is valid.

You can return to H1B status either by:

a) Leaving the US and returning using a valid H1B visa.
b) If an H1B extension is approved (with I-94), then the Parole is terminated and you resume H1B status.

This Murthy Memo explains it quite well.

The Cronin Memo can be found here.

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interesting. So lets play it in a scenario.

Scenario 1
I leave the country in Sept and return in Oct on my existing H1B.
My current H1B expires in Nov but is renewed with a new 797 and I94.
My status remains H1.

Scenarion 2
I leave the country in Sept and return in Oct on AP
My current H1B expires in Nov but is renewed with a new 797 and I94 (same employer).
My status goes to Parolee

In Scenario 2, for me to get back on h1B status, I would need to get a visa stamp based on my new H1 797 extension and then re-enter using that visa.

Is this right ?

Hi Vizcard,

The way I understood, even in scenario 2, you enter on AP on a parolee status. When you get an extension (new 797 and I94) in Nov, then your status will again become H1 and your parolee status will be cancelled. Getting a visa stamp is another way to get back your H1B status but not the only way. Simple H1B extension (new 797 and I94) also puts you back on H1B.

Quote:

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Originally Posted by vizcard

interesting. So lets play it in a scenario.

Scenario 1
I leave the country in Sept and return in Oct on my existing H1B.
My current H1B expires in Nov but is renewed with a new 797 and I94.
My status remains H1.

Scenarion 2
I leave the country in Sept and return in Oct on AP
My current H1B expires in Nov but is renewed with a new 797 and I94 (same employer).
My status goes to Parolee

In Scenario 2, for me to get back on h1B status, I would need to get a visa stamp based on my new H1 797 extension and then re-enter using that visa.

Is this right ?

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Quote:

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Originally Posted by vizcard

interesting. So lets play it in a scenario.

Scenario 1
I leave the country in Sept and return in Oct on my existing H1B.
My current H1B expires in Nov but is renewed with a new 797 and I94.
My status remains H1.

Scenarion 2
I leave the country in Sept and return in Oct on AP
My current H1B expires in Nov but is renewed with a new 797 and I94 (same employer).
My status goes to Parolee

In Scenario 2, for me to get back on h1B status, I would need to get a visa stamp based on my new H1 797 extension and then re-enter using that visa.

Is this right ?

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It has already been answered, but here is mine.

Scenario 2
I leave the country in Sept and return in Oct on AP - You enter as a Parolee and receive a new I-94 showing that.
My current H1B expires in Nov but is renewed with a new 797 and I94 (same employer). - The H1B extension and attached I-94 returns you to H1B status and cancels the Parole.

You would be back in H1B status, as long as you remain in the USA (within the 1-94 validity). No need to get a new visa stamp, unless you wish to travel outside the USA and return in H1B status.