10th year H1 extn and travelling on AP

[Chinar]

Hi All,

I have filed for my 10 year H1 extn which is expiring middle of May 2008. I also received my EAD and AP few months back but as I had seen on this Forum people advised that having both should cause no harm. Is that still true?

Can I travel in the next few weeks on my AP as I have not received my H1 extension approval yet. Even if I did, I do not want to apply for H1 visa in New Delhi.

Is this all legal . Any advice you can give would be appreciated. This is great forum and lot of good information and personal experiences that people share is very helpful.

Regards,
Chinar

[txh1b]

You can travel back on AP but you will be a parolee and will not be on a H1b and have to use the EAD. Once approved, you can go for H1b visa stamp to Can/Mex and return back on H1b to switchover to H1b again.

[Chinar]

Thanks txh1b. My wife is currently in India and I could not file for her extn as she was out of the country. She will be there for a little longer. Can I apply for her H1 visa after it gets approived while I am an Advance payrolee. This seems more complex than I earlier thought.

[txh1b]

Three choices.

1. Get your H1b approved, let her get a visa stamp ( 3 years if your H1b gets approved based ona pproved I140), enter on H4.

2. Let her enter on AP, once you get your H1b extended, she can go to Can/Mex get a H4 stamp and re-enter on H4.

3. Check with an attorney if your H1b can be extended first and then extend her H4 even if she is on parole.

From what I have read, recently some service centers are not approving the parolee-H1b shift even though it is allowed as per a memo from USCIS. May go through appeals etc which is a pain in the neck. USCIS memos are useful but as memos are just interpretations of law and not actual law, they can be changed as pleased. One famous lawfirm attorneys are speculative about the result of such extensions.

[Chinar]

Thanks again!