the hottest immigration tracker |
| Got questions on U.S. immigration? |
 |
|
|
|
 |
 |
|
|
Topic: Anyone entered on AP, and got H1 Extension?
Hi,
Is there anyone who:
a. used AP to travel back to US, and
b. s/he never used EAD to work (neither before departure and nor after returning back to US), and
c. after return s/he continued to work on her/his left over H1 validity period, and
d. Her/his H1 is about to expire, and the H1 extention is filed. OR
e. Her/his H1 was about to expire, and the H1 extension was filed, and H1 extension was approved. OR
f. Her/his H1 was about to expire, and the H1 extension was filed, and the extension was denied on reasons except due to approval of 485 during H1 processing period.
If answer to (d.) is yes : did you recieve any RFE till date or just waiting for extension? Any experience, please share? OR
If answer to (e.) is true, can you share your experience on extesnion? OR
if answer to (f.) is true, can you share your experience on the reasons for denial? How you handled it?
|
answer to d is yes and got the receipt numbers 3 weeks back. Waiting for approval. NO RFE till now.
|
All valid questions - I am interested in the replies too. Planning on getting back on AP soon.
I have another related. What happens to the status of H4 spouse if the H1 gets back on AP as a Parolee?
H4 loses status or will be OK under AOS? I am planning to amend my H1 on return, but will wait for the
answers on your Q.
|
Here is a line from my attorney (which is an extract from cronin memorandum):
Remember: when H/L person loses status, H-4s and L-2s go out of status automatically. But the reverse is not true, i.e., if the H-4 uses EAD to work, the H-1B could still maintain H-1B. And, if the H-4 ever wanted to get back in to H-4 status, he/she could leave the U.S., get a new visa if the old one is expired, and reenter the U.S. as an H-4 so long as the H-1 is still in status.
But the above is in case primary applicant 485 was denined. I think the same will be applicable in all cases, including change of status from H1 to parollee.
But today I read on another forum as follows: An applicant had AP and stamped H1, and his wife had stamped H4 (but no AP). He was allowed (in fact forced by CBP) to enter on AP in parolee status (and not on H1), where as his wife entered on H4. Here the condition was that the wife's 485 was not filed. I hope this example will help you to decide, and simulate the situation.
|
I have completely the situation you are talking about. I traveled abroad came back on AP and I filed h1b extension afterward. No problem so far
|
Same here. My H-1 extension was filed before I left the country and I entered back on AP and a month after that I got my H-1 approval.
|
I ENTERED ON AP IN JAN 08, AND AFTER THAT I FILED H-1 EXTENSION GOT H-1 EXTENSION FOR 3 YEARS ,I ASKED MY LAWYER SHE IS SAYING YOU ARE ON H-1 ,IF I GO OUT OF U,S,A, SHE IS SAYING YOU CAN COME BACK ON AP .
HONESTLY NOBODY KNOW ANYTHING THERE ARE SO MANY COMPLICATIONS ..
PLEASE GIVE SOME SUGGESTIONS
|
Hi,
Is there anyone who:
a. used AP to travel back to US, and
b. s/he never used EAD to work (neither before departure and nor after returning back to US), and
c. after return s/he continued to work on her/his left over H1 validity period, and
d. Her/his H1 is about to expire, and the H1 extention is filed. OR
e. Her/his H1 was about to expire, and the H1 extension was filed, and H1 extension was approved. OR
f. Her/his H1 was about to expire, and the H1 extension was filed, and the extension was denied on reasons except due to approval of 485 during H1 processing period.
If answer to (d.) is yes : did you recieve any RFE till date or just waiting for extension? Any experience, please share? OR
If answer to (e.) is true, can you share your experience on extesnion? OR
if answer to (f.) is true, can you share your experience on the reasons for denial? How you handled it?
Mine was case (e). About experience :
1. Came back to USA using AP ( was working on H1B , never used EAD, AP before )
2. Continued to work on H1B
3. Filed for H1 extension
4. Filed for AP,EAD again
5. H1 extension got approved
6. Then, after 2 months Green Card got approved.
7. AP,EAD got denied ( because i have green card ). |
Thanks to all of you for sharing your information. It is very much useful for those, who ask the question - what will happen if one uses AP to enter US because s/he is not having stamped H1?
|
I ENTERED ON AP IN JAN 08, AND AFTER THAT I FILED H-1 EXTENSION GOT H-1 EXTENSION FOR 3 YEARS ,I ASKED MY LAWYER SHE IS SAYING YOU ARE ON H-1 ,IF I GO OUT OF U,S,A, SHE IS SAYING YOU CAN COME BACK ON AP .
HONESTLY NOBODY KNOW ANYTHING THERE ARE SO MANY COMPLICATIONS ..
PLEASE GIVE SOME SUGGESTIONS
macky can you recall and let us know whether your received an I94 with Extended H1 up to the expiry of extended H1 (which is for three years)? |
I used AP to travel back to US and got my H1 approved for 3 years. I am in my 8th year H1B and my 485 is pending with PD Dec 2004 (EB2). My 140 was cleared in Feb 2008. It took just one day to get my new H1B (premium processing) approval and no RFEs.
|
Hi everybody,
I just came back to the US from my vacation abroad, last Thursday on AP. I wanna use my experience to answer the questions posted on this trend. I hope it'd help many people to overcome their fears while traveling on AP:
a. used AP to travel back to US
Yes my family and I used our APs to re-enter the US.
b. s/he never used EAD to work (neither before departure and nor after returning back to US),
I've never before used EAD to work, my wife is using her EAD.
c. after return s/he continued to work on her/his left over H1 validity period,
I'm continuing working on H1B, my wife on her EAD.
d. Her/his H1 is about to expire, and the H1 extention is filed.
H1B extension filed on April, previous H1 expired July 15 while abroad.
e. Her/his H1 was about to expire, and the H1 extension was filed, and H1 extension was approved.
H1B extension approved while abroad, so that's why we needed to use AP to re-enter the US.
f. Her/his H1 was about to expire, and the H1 extension was filed, and the extension was denied on reasons except due to approval of 485 during H1 processing period.
N.A
If answer to (d.) is yes : did you recieve any RFE till date or just waiting for extension? Any experience, please share?
No RFE received, just notice of H1/H4 approval on July 16 while abroad.
If answer to (e.) is true, can you share your experience on extension?
No questions, no RFE. Only e-mail from CRIS announcing approval, new I-94 cards followed one week later.
At port of entry my family and I were interviewed as usual. Once the process was completed the USCIS officer kept the paper work, and asked us to go to another room and wait. No pictures, nor prints taken at this point. After about 30 minutes in the waiting room, another officer handed us our passports back. No questions asked; no photo, nor prints taken. Just welcome home. Interesting experience. Thank God, no hassles!
|
Hi,
Is there anyone who:
a. used AP to travel back to US, and
b. s/he never used EAD to work (neither before departure and nor after returning back to US), and
c. after return s/he continued to work on her/his left over H1 validity period, and
d. Her/his H1 is about to expire, and the H1 extention is filed. OR
e. Her/his H1 was about to expire, and the H1 extension was filed, and H1 extension was approved. OR
f. Her/his H1 was about to expire, and the H1 extension was filed, and the extension was denied on reasons except due to approval of 485 during H1 processing period.
If answer to (d.) is yes : did you recieve any RFE till date or just waiting for extension? Any experience, please share? OR
If answer to (e.) is true, can you share your experience on extesnion? OR
if answer to (f.) is true, can you share your experience on the reasons for denial? How you handled it?
==========================================
a) through e)---> Yes.
Had H1 renewed twice since then with no problems at all.
FIled third renewal recently (PP). awaiting response. |
My wife & I entered using AP in May 2008. We had EADs prior to that, never used though. We are filing for H1 & H4 extensions now as they are about to expire in a couple of weeks. Applied for EAD extensions meanwhile. Yes, from all the replies to a smart question posted, I'm hopeful that I can continue maintaining H1 for some more time if it's approved.
|
What if the H1 is valid for a few more years? Is filing for a H1 extension a must after entering on AP? Would USCIS accept a H1 extension request if it is valid for a couple more years?
|
First of all, thanks to everyone for sharing their experience.
aristotle H1 Extensions can be filed only 180 days before the expiry.
It is not compulsory to file H1 Extension. In fact you can remain on AP, and work on EAD after the expiry of H1. However, it is advisable to have H1. Why? Because if one was working on EAD & 485 is denied due to any reason and s/he goes under appeal process, s/he can't continue to work but can stay in US during the appeal process. However, if one has the valid H1, s/he can continue to work.
|
yes i got approval notice with I-94 for 3 years extension ,
just to recall i dont have any h-1 stamping in my pasport .
my concern is if i go to canada for few days will at the poe they will again ask me my travel document or i can enter on h-1 ???
last time i was entered on ap ....
someone guide please
|
hi ,
at the poe he gave me one single entry on ap i entered on ap ,
i came back iam still working for the same employer
filed h-1 extension got 3 years extension as i 140 is approved
if i go to canada agin still on my way back i have to show my ap .and when u go out i have to register myself as iam from pakistan?????
my lawyer also dont know
|
|
|
