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Topic: What is my current status? EAD or H1B
Can you please read the following time line and confirm my current status?
Dec/2005: L1B and H1B petitions are approved. Attended for L1B stamping and traveled to US on L1B.
Apr/2007: Applied for Change of Status from L1B to H1B and started working for my H1B employer.
July/2007: Applied for 140, 485 and EAD/AP.
Oct/2007: Received EAD and AP for me and my wife.
Mar/2008: 140 is approved. EB2 category
April/2008: Traveled to India. I had to attend H1B stamping to return back to USA on H1B again.
May/2008: Entered US using AP. Didn't attend for H1B stamping in India due to personal problems.
Now: H1B approval expires on 9/30/08. Asked my employer to apply fro H1B extension for next term.
Questions:
1. What is my current status? H1B or EAD?
My Assumption: As I am working for the same employer after returning to US, my status is still H1B? If my extension gets approved, it will be H1B for saure. Am I right?
2. As I never attended for H1B stamping in first term and used AP to return to US, will be there any problems with my H1B extension for next term?
3. As my 140 is approved, can I continue on EAD now onwards with out applying for H1B extn?
4. In chose above option, in case of any problems with my 485 processing, can I apply for H1B exn that time (as I have a extension left).
5. During 485 processing, what kind of queries my arise? If we have clean record in India and here, can we come over 485 queries? And how much time do they give for answering the queries with out loosing status?
Could you please give your expert advise?
Thanks
Shyam
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You're on EAD since you entered on AP last time. My case was quite similar to yours and when I entered the US the CBP officer asked if I wanted to enter on H1B or AP. I entered on AP because if I enter on H1B I'd have to go through special registration (for the five billionth time). My company didn't renew my H1B, they just renewed AP/EAD.
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As I have no valid H1B stamping on my passport, I had only option, ie so used the AP.
As per the article http://murthy.com/news/n_efftrv.html, I think my status is H1B as I am working with the same employer.
Waiting for my lawyer to confirm my status?
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Is that right? Could you further explain. I did enter on AP. However, I was under the impression that I'm working on H1b which is valid till early 2009. My I9 was filled with my employer(before I went out of the US) based on the current H1b.
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Is that right? Could you further explain. I did enter on AP. However, I was under the impression that I'm working on H1b which is valid till early 2009. My I9 was filled with my employer(before I went out of the US) based on the current H1b.
If you traveled on Advance Parole, you had to reinstated to a H-1B status by filing an extension, but as you said you filed I-9 form, IMHO it means you have already switched to EAD (correct me if I'm wrong). If you did switch to EAD, then your H1 is gone. |
You can enter on AP and still resume working under H1b. You loose your H1b 'status' and some privelages that come with it, as you are being "paroled" the entry (but work authorization under H1b is not affected). Once you aplly for extension (or once your extension is approved, not sure), you're back under H1b status
All the above is true if you never used your EAD for employment, once you do it your h1b is invalid.
The above ist just my personal opinion.
regards
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entering on AP does not mean that he is on EAD , he is on EAD status only when he uses the EAD for employment purpose , other than that even if he has entered on an AP he can be on H1 status
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...per the article link few posts above, you must get your H1b extension approved to resume the h1b status.
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I don't understand.
What does the following mean?
**************
"You loose your H1b 'status' and some privelages that come with it, as you are being "paroled" the entry (but work authorization under H1b is not affected). Once you aplly for extension (or once your extension is approved, not sure), you're back under H1b status "
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What privileges on H1b? I thought the privileges on 485 are a superset of H1b privileges. Could you point to any links?
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check the link given few posts above by sjhyam . It explains exactly what you need
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As I have no valid H1B stamping on my passport, I had only option, ie so used the AP.
As per the article http://murthy.com/news/n_efftrv.html, I think my status is H1B as I am working with the same employer.
Waiting for my lawyer to confirm my status?
You are correct about he information. You are in H1B but do not have the full advantage of H1B meaning you have go back if the 485 is denied. ( very very rare) But you can still apply for H1B extension after the expiry instead of using your EAD. Once your new H1B is issued you will again covered under H1B privileges ( do not have worry about the 485 out come). So go ahead and renew your H1B when it is due instead of using EAD |
The link http://murthy.com/news/n_efftrv.html explains most of it.
It is important to keep a few things in mind though. Status, visa and petion is not the same thing. From your description above this applies to you: Your status is parolee, you don't have a H1B visa (since you don't have the stamp), and you have a valid H1B petition.
So the answers to the quiestion is:
1. There is no such thing as EAD status. Your status is parolee and if you extention is approved, it will be H1B. As described in the link above. An H1B worker that enters on AP can continue to work for the H1B sponsor without using EAD.
2. No. Since your H1B petition is still valid you can apply for an extention without any problems caused by entering on AP.
3. Yes.
4. Depends on how long time has passed since your H1B expired and if you are passed 6 years or not. Talk to your lawyer about this.
5. It depends on how complicated the RFE is how long time you have to answer. You will be in status until a decision is made. If you have no criminal or immigration violations (overstay or unauthorized work), keep your job and get paid what is stated in the LC, passed the medical you should be fine. What they usually ask for is medical, W2/Paystubs/Tax returns, Birthand/or marriage certificate, Previous visa copies, I-94, I-20 if student, Passport copies etc.
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MrVulcan: Today is the 1st anniversary of your 485 approval. You continue to post stuff that helps others. Bravo!
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Can you please read the following time line and confirm my current status?
Dec/2005: L1B and H1B petitions are approved. Attended for L1B stamping and traveled to US on L1B.
Apr/2007: Applied for Change of Status from L1B to H1B and started working for my H1B employer.
July/2007: Applied for 140, 485 and EAD/AP.
Oct/2007: Received EAD and AP for me and my wife.
Mar/2008: 140 is approved. EB2 category
April/2008: Traveled to India. I had to attend H1B stamping to return back to USA on H1B again.
May/2008: Entered US using AP. Didn't attend for H1B stamping in India due to personal problems.
Now: H1B approval expires on 9/30/08. Asked my employer to apply fro H1B extension for next term.
Questions:
1. What is my current status? H1B or EAD?
My Assumption: As I am working for the same employer after returning to US, my status is still H1B? If my extension gets approved, it will be H1B for saure. Am I right?
2. As I never attended for H1B stamping in first term and used AP to return to US, will be there any problems with my H1B extension for next term?
3. As my 140 is approved, can I continue on EAD now onwards with out applying for H1B extn?
4. In chose above option, in case of any problems with my 485 processing, can I apply for H1B exn that time (as I have a extension left).
5. During 485 processing, what kind of queries my arise? If we have clean record in India and here, can we come over 485 queries? And how much time do they give for answering the queries with out loosing status?
Could you please give your expert advise?
Thanks
Shyam
sjhyam : Below are the answeres:
1. You are on H1, even though you used AP to travel (refer Cronen / Gates memorandom on immigration)
2. There won't be any problem on H1 EXTENSION. Taking appointment, and not able to attend stamping is not an issue.
3. You can continue working on EAD without extension, but it may be problematic. Refer answer to question 4.
4. If 485 is rejected / NOID and you enter into appeal process, you can't extend H1. You have to live in US without job because during appeal process you can't use EAD. That is the reason, why you should keep a valid H1.
5. There is no limit of querries by USCIS. Therefore wait for one, if any. Otherwise you will get your GC without any issues. As far as timing concern, they give short periods of 15 days to one month. However, if you are not able to provide the required document, you can always put an apeal through your attorney, and it will get through. I have not heard any case on the forum, whose case was denied becasue he could not proved with required document in time, and he has to return back. |
Hi,
I got my H1B approval , I want go for stamping, my present situation is that I am staying in London for the past six months, I work for a Software company in Central London.
Before that I worked for 4 years in India, where can I attend for my H1B stamping process, If I am going to attend at London US counsulate is that going to fine ?
or do I need to come to Chennai ?
Thanks,
Palem.
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Is it your 1st H1? If yes, then did you give London UK address for processing your case? If yes, then you can go to London for the visa stamping. Recently my friend got his first H1 stamped at Riyadh, instead of going back to Chennai.
If it is a renewal H1 (extension), and you have legitimate answer that why you are on H1 and still working in UK - you are fine to go to London consulate.
Otherwise, I will strongly advise to go to Chennai.
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Hi,
This is my first H1, I am not sure about the address which my employer has give for processing , he has given India or London.
I have to check with my employer.
Thanks,
Palem.
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Hi,
This is my first H1, I am not sure about the address which my employer has give for processing , he has given India or London.
I have to check with my employer.
Thanks,
Palem.
Normally, your attorney would send you a big package, not only the I-797 - the approval notice. If you have that, go through the pages, and you will find answers to my question. |
Hey am36: I have a quick question for you. I am on my 7th year of H1B extension. Is it OK to go to Germany or Canada to apply for H1B Visa stamping? Would they not question why I am on my 7th year. They will also notice that I have a GC petition and if so, is it OK? I have AP and EAD but do not want to take any chances. Thanks much.
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gcarbrabbit - if you are having a vacation plan to Germany, then go and get H1 stamped, in case you derive any benefit by getting stamped. You will get your visa stamped. Even though they know that your GC application is pending, the consulate/embassy is not having any point to deny visa to you. By the way use of AP will not affect your GC status. You will still continue to work under H1. That's what I have read in the forums. It is EAD which affects the H1 status.
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Thanks much am36. I should go ahead and go to Germany then. I was afraid that they might refuse the H1B stamp since 7th year could mean staying in the US.
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Currently I am in L1, I am planning to apply EAD for my wife. After she gets her EAD, by change if she doesn't get any job.
Will tax return (refund) be lowered when compared to the retruns that I will be getting with her ITIN?
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HI,
I got my H1B stamping in october 2008 for 3 years, my present situation is that I am currently working in London.
If I am planning to go to US in 2010 Feb, the immigration people in will object for any thing ?
Thanks,
Palem.
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