Parolee to H1-B

[monster55]

Hello,

 

Thank you for your time!

Currently on H1-B (11th year), I-485 pending since Feb 2012, EAD/AP expires in March 2015, but never used it and have recently applied for renewal. Current H1-B was extended in July 2014 and expires in Sept 2017. My H1-B visa expired in Sep 2010. 

As far as I know, if I travel to India in June 2015 and return using AP:
a) My status will be parolee.
b) Even though I am a parolee, I will still be able to use H1-B for the remainder of the authorization period (until Sept 2017) as I am returning to the same employer.
c) Since I do not foresee any material changes in my job as was described in my recent renewal petition in July 2014 for the next three years, the only way for my status to revert back to H1-B is for me to visit India and return with a new H1-B visa.

I wish to remain in H1-B until my I-485 is approved and not use my EAD, but will continue to renew EAD/AP as a back-up.

Question:
Upon my return from India (using AP and not renewing H1-B visa) in August 2015,is it still possible for my employer to file an amendment requesting to convert my status from parolee to H1-B absent any material changes to my job?

Thank you!

[Belle]

Parolee is not a status, it's method of entry (as opposed to admission). Your status does not change when you are paroled, and thus you continue in H1B.

[monster55]

Hello,

 

Could any of the senior members please reply?

 

Thank you!

[monster55]

Hello Belle,

 

Thanks a lot for the reply!

 

As per an article on the Murthy Bulletin below:

 

http://www.murthy.com/2008/03/21/effect-of-travel-while-in-h1b-l-1-status-and-pending-i-485/

 

If I return to work with the same employer on AP (and not go for a visa stamping), I can use the remaining part of my H1-B authorization as my work permit instead of using the EAD. Therefore, even though my H1-B status is not voided,my entry on the I-94 as a Parolee (pending I-485) will override my H1-B status. I want to remain on H1-B status until a decision has been reached on my I-485. 

So, my question is: 

Can my employer file an amendment for converting from Parolee to H1-B upon my return using AP in August 2015 ? This would be simply an amendment petition requesting me to reinstate my status as H1-B absent any material changes to my job. It will not be a H1-B extension petition (as my H1-B expires in Sept 2017) 

 

Thank you!

[ksribhas]

Yes You can file an amendment petition. Not sure if they need to file I-539 with that though.

[Belle]

No amendment is needed. In your case, the status is different from the method of entry.

[monster55]

Thanks, ksribhas and Belle!