Traveling on AP with valid-unstamped H1B

[sr.ottawa]

I have EAD-AP combocard. My current H1B visa expires on Sep 30, 2013. I got an extension untill Sep 30, 2015 and  I have to travel to India in October 2013. Below are my questions -

 

 1) Is it ok to return using AP and continue working with the same employer on H1B? Can I maintain my H1B status.

 

 

2) I plan to marry later, will I be able to sponsor H4 for my wife.

 

Thanks

[Attorney_11]

There is a limited policy exception which permits individuals pending adjustment of status who are maintaining valid H1B status to depart the United States, utilize their Advance Parole to enter the United States and then continue working for their employer on the basis of the H1B petition alone. Individuals who do this are NOT considered to be maintaining H1B status - they are considered to be in a lawful authorized period of stay pursuant to a parole entry. This limited policy exception also permits the individual to extend their H1B petition and effectively be "re-admitted" and issued an I-94 when the H1B petition is approved. In order for a derivative to be issued an H-4 visa, the principal H1B nonimmigrant must be maintaining status, ie be in possession of and be working pursuant to a valid H1B I-94 and petition - they cannot be present in the United States in a period of authorized stay pursuant to a parole entry. Each case is different and there may be facts and circumstances which apply which meaningfully effect the application of the above principles to a given situation. It is vital to seek the advice of a competent and credible immigration attorney.

[RjRoots]

Hello Attorney_11 ,

 

Thnks for the reply. Believe it a bit complecated topic and cases may vary by individual cases.even its very tough to understand law and different attny's haveing different opinion.

 

I am on the Same Boat , My H1B and My Wife's H4 both aproved until May 2017.

 

I filed my I485 and got EAD/AP Valid until June 2016.(My Wife not filed her I485 i married her after filiing so she is on H4 and i am using my H1 for the employment - Also my last entry was with H1B)

 

Planning for a trip in Jan 2015 Obvious things my wife have to go for H4 stamping and come back using H4.

 

for my self i am planning to use the EAD/AP to enter USA. and continue working with H1B.

 

As per your explanation i will be in the Parolee status , Is there any way i can change the status becasue my I94 will be valid until June 2017.

 

Thanks,

Raja