AP and H-1B

[dbaner1]

Hi Folks,
Could someone pls. tell me whether my H-1B gets revoked if I use AP while re-entering. My H-1B is not stamped. Can I continue to work on h-1 after I come back.

If I go for stamping & for some reason they reject to stamp my passport for H-1B and I use AP to re-enter. Does that mean I cannot use my H-1B to work anymore?

[PraetorianXI]

Could someone pls. tell me whether my H-1B gets revoked if I use AP while re-entering. Yes. My H-1B is not stamped. Can I continue to work on h-1 after I come back. No. you must use EAD.

If I go for stamping & for some reason they reject to stamp my passport for H-1B and I use AP to re-enter. Does that mean I cannot use my H-1B to work anymore? Yes. you need to use EAD if the H1B stamping is rejected.

[dbaner1]

Praetorian XI i spoke to my lawyer the other day and was told that using AP doesn't invalidate H-1B. You can come back and work on H-1B

[kirat]

I'm in the same situation, although I've not received my AP yet, it's pending for over 5 months now.

But my attorney clearly mentioned the same thing, that if travel on AP, I still be able to maintain my H1 status.

It doesn't revoke H1, but reading all these treads I'm confused now. Who is right?

[PraetorianXI]

You can come back and CONTINUE working on H1B for the SAME employer. But you will not be able to TRANSFER to another employer or RENEW that H1B.

[kirat]

You can extend H1 even you travel on AP.

Here is a reference from a memoredum publised by USCIS -INS Memo (5-16-00) (H/L Dual Intent)
:
3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?

Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service determines the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.