You can H1B to work after entering on AP provided you are working for the same company which filed for GC.
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Champu bhai
This was discussed sometime ago in the Post 485 thread. Your information is right that in the I-94 one gets labelled as Parolee for travel purpose only. Using your AP will not cancel your H1.
You can continue to work for your employer using your H1. Untill and unless you specifically ask for the switch to EAD and use that for working on EAD, you will continue to be on H1.
Google specifically for the Cronin memo.If you come back to work for the same employer you will not lose your H1.If you switch employers after using AP to enter you will have to use EAD and then having done the switch to EAD you will lose H1....
Applying for parole and using it are 2 different thing. Same with EAD. you can apply for EAD/AP as many times as you want as a backup. Till you use it it does not kick in.
If AP is applied it is based on your 485 and that has nothing to do with your travel if you want to use H1B to come back. Regarding using H1B to travel i am sorry you are right you can use H1B to travel and that will not abandon your AOS. I got confused because in my case i did have an H1B but no stamp and i did not want to go to get a stamping so i used my AP.
Thanks q. I agree with you. thats what i don't understand. It makes no sense for USCIS to cancel AP application if i travel on valid H1-B. i already have a valid H1-B stamp, so i am not gonna have to go to the consulate and run into potential problems. I just want to apply for AP at the time of applying for AOS. This would come handy in case i were to lose my job/quit while i was overseas. On either of the situations, having an AP document would enable me to return to the States, whereas even though the duration of my H1-B would be valid, it wouldn't be able to use that to enter the country. But as i mentioned, my lawyer seems to think that, if i don't apply for AP, i can travel right away on H1-B, but if i want to apply for AP, then i must wait till the approval has come before i can travel......oh the technicalities....wondering if anyone has had such a situation...or its just me...good topic for discussion though....
What happens on the 485 dependent case?
Say my dependent has had H1 from a different employer before she got EAD/AP. Just the apporoval. No stamping on passport.
Now if the dependent enters using the AP (easy way back in), does it mean the h1 is not valid from that point? Or can he/she continue to be on the H1?
Nice..... What about dependents?
My wife is on H1 (fulltime position, different employer) and she is the dependent on my GC application.
She came the the US on a H4 after our wedding. Her H1 petition from a desi consulting firm was approved in Oct. 2009. In March 2011, she transferred to her H1B current employer. She hasn't been out of the US since 2009 and the last visa stamped on her passport is H4.
1. Does the same logic apply to her as well? ( you do not lose your H1 status if you continue to work for the same employer, even if her employer has nothing to do with my AOS application?)
2. My case is pretty straightforward.. US Masters -> Seven+ years with same employer.. Her case is a bit twisted, she was here with an Indian IT Corp. on H1 in 2006.. then went back.. came back on H4.. and then has 2 different H1s.. Would that affect the processing time for our applications?
Hi All, Just my case Status Update
P.Date - 01/15/08
R.Date - 12/16/11
N.Date - 12/21/11
N.R.Dt - 01/04/12
EAD/AP Shipped - 02/06/12
FP Appnt - 01/25/12 (As per FP Date-Not Walk-in)
Thanks,
Sunil.
Alright guys .... too much confusion over AP. Here is what I understand.
Yes leaving country while on 485 pending is dangerous since it can be seen as abandonment of 485. However this is a risk as opposed to a certainty of 485 cancellation. That is why one should have AP.
Having said that, I personally have used H1 to travel and come back. When entering us they will stamp you H1/AOS pending. You will carry dual status H1/AOS pending regardless what the IO stamped you. Ok?
Now as per the central question of whether one can go on H1/H4 and come back. The answer is absolute yes. However there is a risk there that USCIS may see this as abandonment of GC. With all the anti-immigrant sentiment and raw economy ...... YOU DO NOT WANT TO TAKE THAT RISK.
Hope this settles the discussion.
Champu bhai
Again please take the below advice with a pinch of salt. Senior members could correct the below if anything has been wrongly intrepreted by me.
1.AP is purely for travel purposes. In fact according to the requirements.You do not need anything more than AP/Passport for travel. Your spouse using AP will only mark her as parolee as far as entry to the country is concerned.It will not cancel her H1.
She can go back to work for the employer that sponsored her H1.
2.I beleive it would have an impact on the processing time of the application ..though the silver lining would be ,since your case is straightforward and she being the benefactor of your application might not take too long as well.
The AP is not abandoned if you leave while it is pending, but were maintaining H or L status at the time you depart and then return using a valid H or L visa. Once the AP is approved and you are in the USA after approval, it can then be used for subsequent travel.
If you return using a valid AP, you will be a Parolee, evidenced by the I-94 you receive. You cannot hold "dual status".
You will NOT be in H1B STATUS, but under a legacy USCIS Memo (the Cronin Memo), you may continue to use the EMPLOYMENT AUTHORIZATION element of your valid H1B petition as long as you return and continue to work for the H1B employer. It does not alter the fact that you are a Parolee, but does mean you do not have to use a separate EAD.
A subsequent extension or amendment of the H1B petition will return you to H1B status, or you have the option to leave the USA and return using a valid H1B visa.
The points above are covered in this Murthy article and in this USCIS document (Question 26 and Addendum V).
Spec.. you are a man of multiple hats.. Your data analysis makes me think of you as a star "Wall Street Analyst".. but your posts are so legally sound (e.g. covered in this Murthy article and in this USCIS document (Question 26 and Addendum V) that it makes me feel you are a partner in some law firm..
You rock, Dude!
suninphx,
Possibly we are using slightly different criteria to query Trackitt. I don't think I have removed any duplicates for February, but I haven't checked for them since February began.
When I last looked, February VB cases had increased to 117, so it is also very dynamic.
Hopefully, in the big scheme of things, the difference is not significant.
Here is a link to Ron's comments on AP and H1B Travel.
http://www.immigration-information.c...ad.php?t=16185
Spec, I second Champu's compliments. You write with great clarity!
So a followup, if one travels after AP has been applied but not approved, is it considered abandoned? If not, can one enter US once it's approved? This all pertains to the hypothetical scenario that one's H1 is denied or gets 221. I see that in the link posted above, Ron addresses this and it seems that his view is that AP is not abandoned. I have heard conflicting views on it though.
Hi all,
I am a silent reader of the forum for now almost an year. I want to thank Q, Spec, Veni, Teddy, Nishanth, Soggadu and all others. I just got email for my wife and myself that USCIS ordered our card production for I485. Following are the details of my Green Card journey.
Service Center: TSC
PD: 03/03/2008
RD: 12/02/2011
ND: 12/06/2011
FP(Notice Date): 12/15/2011
FP: 01/12/2012
EAD Approval: 01/27/2012
AP Approval: 01/28/2012
EAD (Combo Card,Physical) for myself: 02/02/2012
EAD (Combo Card,Physical) for wife: 02/07/2012
EAD (Approval Notice in mail): 02/05/2012
I485 Approval: 02/09/2012
May everybody get greened soon.
Mrdeeds
I can comment on this since am faced with an similar situation .One cannot use the AP if one does not have it one's possession while leaving the country.Even if you get the approval email and leave the country ,was told by my Lawer that you cannot use it untill and unless you receive the physical card before leaving the country.
AP is not considered abandoned.There is a risk though USCIS might view it that way.Of course on Trackitt you will see many cases of people who did not have the AP in posession while leaving but re-entered using the AP .Those are extremely lucky cases.
In general one needs to have the Physical Card in hand before leaving the country. There is an provision for Emergency AP if there is an medical emergency in the family.
AkZach.. Do you mind providing some more details about your case like:
1. Employment Type (Full Time/ Consulting)
2. Education: US Masters/PhD Y/N
3. Duration of employment with current employer etc etc..
Hearty Congrats.. I feel so nervous, I've run out of fingernails.. My state of mind is exactly as in this video
http://www.youtube.com/watch?v=zRBl0GPBm4o
(Red: from Shawshank Redemption) I find I'm so excited I can barely sit still or hold a thought in my head.I think its an excitement only a free man can feel.A free man at the start of a long journey, whose conclusion is uncertain..
Thanks, Champu. The details you asked are below.
1. Employment Consulting
2. Education Masters from India
3. About four and a half years with my current employer.
Yes, you are right. TSC seems to be on steroids, today.
I was also, surprised seeing the USCIS email as I wasn't expecting it since my PD is March, 3rd 2008.
I can understand your nervousness, hope you get greened soon.
Spec Thanks. Useful as always.
Just to make it clear AP is not the status. The status is AOS pending. H1 is another status. AP is only a means to maintain continuity in your last status. Ok?
An H1 person when files 485 is by default having 2 different legal status. H1 is continued until its validity and a new status AOS pending is added.
Now when a person returns with AP, the law allows the person to resume his last status(es).
If a person who has H1/H4 AND AOS pending status leaves US, that person can always come back on H1/H4 as long as they have H1/H4 visas to come back and of course the underlying H1 petition is valid. For those with expired visas but an approved H1 can still travel and come back with a new H1 in their passport. In all these cases AP is not required at all.
What is most dangerous is when a person has H1 (or non-immigrant in general) status expired i.e. underlying H1 petition is past its validity date regardless what your H1 stamp is in your passport. So such person if travels to India without AP, then his 485 can potentially be considered abandoned.
So the bottomline is - One can travel to India as long as your non-immigrant status is valid. You can travel with existing valid visa or have the visa stamped. However if the non-immigrant status itself is expired then DO NOT TRAVEL to INDIA or OUTSIDE US WITHOUT AP.
akzach congrats and thanks for sharing. This pretty much confirms that retrogression if and when happens, the dates for EB2IC will NOT go into 2007. In fact they shouldn't go beyond Mar 2008.
I was looking at the approvals from TSC in trackitt for the past 3-4 weeks and it seems like they are more active (More i485 approvals) on Thursday, Friday and Saturday of every week.
I am wondering if they ask more employees to deal with I140s and other cases on Monday, Tuesday, Wednesday and ask them to jump back to I485 cases by the second half of the week.
Just a wild guess from the numbers in trackkitt.
Assuming its true, hopefully we will see more approvals tomorrow and day after also.
Good luck!!
guys need help...anybody used any Marathi to English translation services, if yes please give me the link or name of the service..thanks in advance ...will remove the thread as soon as i get any response.
HP
I had to use Marathi - English translation, when I applied for my wife's Drivers License in NJ. My Marriage Certificate is partly in Marathi (first half is in English, second half is in Marathi.. both on the same page) and the jerk in DMV refused to accept it unless it was certified by an approved "Translation Agency".
I paid $150 for the translation agency and they essentially copy pasted the English part, signed and sealed the "translation"..
Check your DMV website for approved translators.. and get it done from them..
http://www.ultratranslate.com/ins/index.html
I used Fox Translate for Hindi to English translation - they unfortunately do not offer Marathi translation. However, you can use anyone who is fluent in both the languages for translation - could be a friend or a colleague - does not matter. The translator just needs to sign a statement certifying that he/she is fluent in both the languages.
another quick question ..found a friend who can translate and happens to be notary public...is that going to be acceptable to USCIS?
I am thinking out loud and proposing what might be Mr. CO's thinking.
I think he blew past 2008 and 2009 to generate enough demand and give enough processing time to USCIS.
Now for dates in 2010, he is being careful and finessing his end point. Hence, he took a smaller step of just 4 months. He may take additional steps, but they may be smaller and smaller. This is so that he doesn't have to over shoot and cause retrogression. He really wants to avoid it or if possible, delay it to very late in the fiscal year and make it as small as possible.
We all have been saying that there will be massive retrogression. But it is unlikely to me in light of March bulletin. Simply because, it would be irresponsible on part of Mr. CO. He has been forthcoming in the past few bulletins on what his understanding is and what USCIS has been reporting him. He made no comments this bulletin. This is an indication that he is in a watch and wait mode. He really wants to see what the USCIS does with the demand that was generated. If they process it very fast, he has to rethink the movements and lay the ground work for retrogression. If not, then generate additional demand through CP by pushing the dates far ahead - USCIS won't process those additional cases before the end of fiscal year but CP demand will eat up that small gap to be filled up. I think it may be June bulletin before he lets us know anything more and he will for sure give a prior indication of retrogression.
Just expressing my thinking. This is not based on data crunching so please do not bring it up. Nobody really knows what the real numbers are. The ones who should know aka USCIS are really clueless in publishing them correctly anyways.
I think retrogression is not going to be too severe and if then it wont last long. CO said around 40% visas will be consumed by Feb end. looking at the trend, I think we will be around PD Jan 2008 at that point and by end of FY we shall be at end of 2008 hopefully...
Q,
Parolee is its own peculiar situation. It can't be a status because, technically, the person never leaves the POE and is not admitted into the USA.
At least with AP, you actually get an I-94 when you use it to enter the USA.
AOS is not a status either.
It is a period of Authorized Stay granted by the Secretary of DHS while the I-485 is pending adjudication.
Therefore, technically, a person relying solely on AOS is in unlawful status, but at the same time does not accrue any illegal presence. Everything is tolled while the I-485 is pending adjudication by virtue of USCIS policy.
The concepts are very difficult to understand, but are explained in this USCIS memo.
I warn anyone who might read it, that it is not easy reading and is likely to give you a headache.
I am an Aug 2008 PD and i'm expecting to get greened in Q1 FY2013 (at the very latest). Anything before that is bonus.