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Travel while AOS is pending and applying for H1 visa
Hi,
H1 visa is expired, the petition 797 for H1 and I-94 is valid untill April 2007. 485 is pending and has applied for AP. Waiting for AP now but have to travel outside US, have following questions please express yur opinion or experiences if you were in similar situtatio:
1. Is it legal to apply for an H1 visa outside US in Canada while 485 is pending and have already received AP although not used it yet?
2. Should I apply for H1 extension now and then go to Canada for H1 visa stamping? I have read the Cronin Memo ( http://www. ******** **.com/cronin51600.html )which implies that after entering US on AP, you can still apply for an extension which if approved has the effect of canelling the parolee status? Should I wait until after I enter on AP and then apply for H1 extension so it would bring me back in H1B status?
3. One paroled in on AP with expired H1 visa but valid petition 797, how does one go back to maintaing H1 status, assuming that I would continue working for the same employer?
4. What if I travelled out of US, with expired H1 visa but valid H1 petition approval, got married, entered US on AP. Can I send the 797 approval of H1 to spouse so she can apply for H4?
Thanks and would appreciate you input,
Jeff
H1 visa is expired, the petition 797 for H1 and I-94 is valid untill April 2007. 485 is pending and has applied for AP. Waiting for AP now but have to travel outside US, have following questions please express yur opinion or experiences if you were in similar situtatio:
1. Is it legal to apply for an H1 visa outside US in Canada while 485 is pending and have already received AP although not used it yet?
2. Should I apply for H1 extension now and then go to Canada for H1 visa stamping? I have read the Cronin Memo ( http://www. ******** **.com/cronin51600.html )which implies that after entering US on AP, you can still apply for an extension which if approved has the effect of canelling the parolee status? Should I wait until after I enter on AP and then apply for H1 extension so it would bring me back in H1B status?
3. One paroled in on AP with expired H1 visa but valid petition 797, how does one go back to maintaing H1 status, assuming that I would continue working for the same employer?
4. What if I travelled out of US, with expired H1 visa but valid H1 petition approval, got married, entered US on AP. Can I send the 797 approval of H1 to spouse so she can apply for H4?
Thanks and would appreciate you input,
Jeff
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