Enter US with Reentry Permit on Parolee Status and remain on H1b For work permit

[ssebastian]

I am currently on H1B status; my H1B visa stamped on passport was expired 30^th Sep 2014. However I have my H1B Approval 7973 Notice of Action which is valid till Dec 2016.

I am also in the process of adjustment of status(485 Pending); and I have EAD and Reentry Permit which is valid till 15^th Dec 2014.

 

I am planning to go to India and come back without getting H1B Visa stamped(as the visa stamping is expired). Can I use my Re-Entry Permit(Advance Parole) to enter US and be on “Parolee Status” but remain on H1B for work permit instead of changing my status to EAD.

 

My Attorney is saying "If you enter on AP your work status can be based EAD only, not H-1B.

 

That should be fine, but your HR should update your I-9 when you resume work, and you need to ensure that you have valid EAD for your work. Pending status is not allowed (EAD extension)."

 

Is there any issues with my plan. My understanding whatever I read online is not in accordance with my attorneys response.

 

Any input would be greatly appreciated.

 

 

[pontevecchio]

You will be allowed to come back on the EAD and work for the H1 employer. But that will not be in H1 status. Your post is incomplete. Why are you doing this?

[ssebastian]

Sorry, not sure why it you see this as incomplete. explaining again.

 

I am currently having.

1. H1B Visa stamp expired Sep 30, 2014.

2. H1B Visa extende and valid till Dec12, 2016

 

3. I130 Approved

4. I485 Pending

5. I765(EAD) valid till Dec15, 2014

6. I131(AP) valid till Dec15, 2014

 

I wan to go to my home country Nov 10 and coming back on Dec2nd 2014 without getting my H1B stamped.

- Can I use AP for re-entry, and continue working for the same employer(who did my H1B) with the H1B work permit? 

- Will I have to file I9 to change my status to EAD from H1B as I am using AP?

 

- My Attorney at office has asked to change the status by filing i9 if i use AP for re-entry. This is where my confusion.

 

Thanks,

 

Regards,

Sanjo

[ssebastian]

I am sorry, not sure if it shows as incomplete.

 

Here is the case:

I have the following

1. H1B stamped expired on Sep 30, 2014.

2. H1B Extension valid till Dec 12, 2016.

 

3. I130 Approved

4. I485 Pending

5, I765(EAD) and I131(AP) valid till Dec 15, 2014.

 

I am planning to go to my home country and come back without getting h1b stamped. 

- Can I use AP for entering US and keep working on H1B for the same employer who did my H1B.

- Do I have to file I9 to change my work permit?

 

I was asked to file i9 by my attorney if I use AP - Hence the question.

 

Thanks,

[JoeF]

First, it is not a reentry permit. It is Advance Parole. The same form, but a reentry permit is for people who already have a GC.

A person can use AP to reenter and continue to work on a valid H1. This is not a common scenario, so some lawyers may not know about it. If I remember right, there was a USCIS memo on this.

You may want to discuss your situation with a good lawyer, e.g., from the law firm that runs this forum.

[pontevecchio]

Actually you can work on that petition and will have no status as such until your H1 is extended with an I94 in future. That is a grey area. File the I-9 as a safety mechanism.