Entered US on AP - H1b Extension Possible?

[Bakha777]

Hello All,

 

I apologize if there already posts about this. I searched a lot and couldn't find a definitive answer.

Here is my case:

 

- I have pending i-485 since Feb 2015.

- I went out of US and returned in June on Advanced Parole.

- My H1b approval, which was issued was issued in 2012 will expire on Oct 10,2015 (have used 3 years of H1b so far).

- I have been working for the same company that sponsored my H1b and greencard.

 

As a back-up, I was wondering if I can extend my H1b status, in case I-485 gets rejected (I-140 is approved btw). Lawyer says I cannot extend H1b status, because I am not on H1b currently and instead in parolee status. She believes in case my I-485 gets rejected, I will have to leave the country and get H1b stamped and reenter using H1b. 

 

However, I have read about Cronic Memo from 2000 (see link below from Murthy website with the post from 2008). Is it still valid?

 

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

 

Can I apply to change my status back to H1b while I-485 is pending? Is Cronin's memo from 2000 still valid/accurate?

 

Since Oct 10,2015 is fast approaching, I don't want to lose the opportunity to extend H1b if I can do it. 

 

Can somebody please give a clear response to this?

 

Thanks

[pingpong]

Hi Bakha,

 

    In my knowledge you can extend your H1-B but you may not do a change of status. You may have to leave the country and get your stamping or re validated at a port of entry in case of a current h1 visa stamp.

 

   As always i am no attorney check with one.

 

 

[sampitroda]

I had a follow up question-

Will the person be cap counted again or be considered cap exempt based on earlier h1b petition?

[sampitroda]

I had a follow up question-

Will the person be cap counted again or be considered cap exempt based on earlier h1b petition?

[sampitroda]

Will the person be considered cap exempt while filing new H1B?r