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Entered US on AP - H1b Extension Possible?

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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?




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?



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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.



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