Status in US when entered using AP

[cool_guy_2004]

Hello Guru's,

Sorry to post my question on this thread.

I'm on H1-B with validity until Oct 2014, I got EAD and AP in March, 2012. I had to travel to India due to a loss in our family. My visa stamping has expired so I came back using AP. Can you please suggest if I'm now on EAD or am I still on H1-B? I was reading online but I am seeing mixed reviews on that, few are saying I have to fill in a new I-9 form listing EAD and some say that H1B is still valid and I can continue work on H1B. I really appreciate your suggestions.

Thanks in advance!

[jackbrown_890]

Hello Guru's,

Sorry to post my question on this thread.

I'm on H1-B with validity until Oct 2014, I got EAD and AP in March, 2012. I had to travel to India due to a loss in our family. My visa stamping has expired so I came back using AP. Can you please suggest if I'm now on EAD or am I still on H1-B? I was reading online but I am seeing mixed reviews on that, few are saying I have to fill in a new I-9 form listing EAD and some say that H1B is still valid and I can continue work on H1B. I really appreciate your suggestions.

Thanks in advance!

Sorry to know about the loss of your family member.

I have used AP and i am parolee right now.
To answer your question: In my knowledge, you still have your valid h1b so you can continue to work for the same employer till 2014. So to work in the US you can use H1b for the same employer. if you choose to work on EAD, that is ok too. (you don't need EAD till 2014 - it is better to have it). But now for you to travel abroad, you will need AP till you get your GC since you don't actually have a non-immigrant status with CBP. For them you have been paroled in. Also, you are allowed switch back to H1b by extending in 2014 or transferring h1b if you don't have your GC before that.

[cool_guy_2004]

Sorry to know about the loss of your family member.

I have used AP and i am parolee right now.
To answer your question: In my knowledge, you still have your valid h1b so you can continue to work for the same employer till 2014. So to work in the US you can use H1b for the same employer. if you choose to work on EAD, that is ok too. (you don't need EAD till 2014 - it is better to have it). But now for you to travel abroad, you will need AP till you get your GC since you don't actually have a non-immigrant status with CBP. For them you have been paroled in. Also, you are allowed switch back to H1b by extending in 2014 or transferring h1b if you don't have your GC before that.

Thank you so much Jackbrown_890...

[qesehmk]

cool_guy - sorry to hear the family loss.
You are still on H1. But to reenter as H1 you need H1 stamped in passport. Otherwise you can enter on AP.

Thank you so much Jackbrown_890...

[cool_guy_2004]

cool_guy - sorry to hear the family loss.
You are still on H1. But to reenter as H1 you need H1 stamped in passport. Otherwise you can enter on AP.

Thanks Q. I came back on Monday to US using AP. SO can I hope to still continue on H1 without issues?

[nishant2200]

Thanks Q. I came back on Monday to US using AP. SO can I hope to still continue on H1 without issues?

You have been admitted as an AOS candidate parolee. I doubt your H1 status. Others may know better.

[chin_222]

coolguy, sorry to hear about the loss of your family member.

If you entered US on AP, you are now on "pending AOS", and you will have to use your EAD as the work authorization.

If you want to use your H1, you will have to go outside the US and get the stamping and then come back on H1 to be on H1 status.

[Kanmani]

cool_guy_2004 , I am sorry to hear about the loss of your family member.

The following are some of the notable points extracted from the Cronin memo (revised) ......http://www.immigrationpage.com/asset.../legacyins.pdf

1. Your are now in Parolee Status.
2. You are not required to use the EAD.
3. Eventhough, you are not in H1 status, you can remain in H1b employment and you can later extend your H1b petition beyond the current valid date.
4. Although you are admitted under parolee status, whenever there is an H1b extension approved ( after being admitted as parolee) you will be reverted back to the H1b non-immigrant status( dual intent status with AOS pending )

Note

I couldn't find any final rule/changes to the above memo and many of the lawyers websites' quote only this memo to explain the status verification of the AOS pending applicant.

I am looking forward if anyone finds a rule change/memo which might have overthrown the above memo.

[cool_guy_2004]

Thanks Kanmani, chin_222 and Nishanth.

This is same mixed views I'm reading online which is causing me the confusion.
Can you please suggest in worst case scenario if I choose to stay on H1B for now without using EAD, do u think I might end up working on invalid status?

[qesehmk]

Cool u have dual status. H1 status is not affected at all. Check AP related forum. Spec had put excellent commentary there a while back on this topic.

Thanks Q. I came back on Monday to US using AP. SO can I hope to still continue on H1 without issues?

[sandeep11]

Cool_Guy-

You have entered using your AP i.e you have been given an entry as Payrolee. In other words your are in a payrolee status. To answer your qtn:

- You can with no issues continue to work your existing H1b with the same employer
- When your current H1B expires and assuming that you didn't get your GC and you would like to continue on H1B, you can apply for extension using the current H1b and if the extension is approved you automatically get back to H1B from payrolee
- You can also file for a transfer using the current H1B, when the transfer is done you again automatically move to H1B status from payrolee
- If at all you decide to continue on EAD (which i wud not suggest since you have H1 for few more months), then you have to file a new I-9 with your employer and have to be proactive in getting your EAD/AP extensions

It is now upto you if you would like to continue on H1B or start using the EAD. Choice uis yours.

Thanks Kanmani, chin_222 and Nishanth.

This is same mixed views I'm reading online which is causing me the confusion.
Can you please suggest in worst case scenario if I choose to stay on H1B for now without using EAD, do u think I might end up working on invalid status?