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kalyan9

Is h1b Valid if entered through AP?

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Back in April 2012 I ( and my wife) received EAD and Adv. Parole combo cards. I am on H1B and wife on h4. My h1 was expiring in Aug 13 so my employer had applied for the renewal and i received it. In Aug 13 i traveled to Canada and got the H1b stamped at the Ottawa consulate. My wife didnt get the h4 stamped. At Toronto airport,I have presented my H1 visa for entry and got it. But when my wife came at the counter she gave the AP card and the officer asked me if i had recvd mine and I said yes ( truthfully). Then the officer took back the entry on the h1 status and got another officer and they both told me i was supposed to enter on AP and not h1b since i had Ap card and AP supersedes H1. I told them that i want to enter on H1b and not AP but they completely refused and was forced to use AP and entered as  paroled into US.I got the I-94 till Aug 14. My H1 is valid till 2016 and my EAD/AP is valid till 2015.

1) Is my work status H1B or EAD?
2) Is my H1B visa totally nullified because i didn't enter on it and my i-94 does not reflect that and I-94 has paroled on it?
3) I am planning to got to India in December. Is my H1b still valid ? Can i enter on H1b Visa in December?
4) Can i continue to work on H1b with same employer?
5) How can i get back to H1 Status?
6) Should i file the I-9 to change status to EAD?
 
 

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Some members on this forum differ with the answer but even if you entered on AP you can still continue to work on H1b as long as the petition is valid. Also you can travel to india and come back using either the H1b visa or AP(depends on the IO).

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It is not members who disagree. If one bothers to go the websites of famous West Coast Lawyers and it is easy to look up information you will find views about this matter diametrically opposite to this firms take. YMMV. Hire a Lawyer and discuss your options with them instead of listening to us about an important matter. You needed to take this up with your Lawyer and the CBP instead of putting the matter on the backburner. Why is it even necessary for you to get into H1 status.?

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