i****f
发帖数: 1 | 1 H1B extended beyond 6 year using I140. Current H1b approval valid through
next year. 去年12月用AP入境。
我的理解是AP入境后不回自动启用EAD，身份（status）是parolee但是可以file H1B
transfer.
但是律师说AP入境后便没有h1b status, 所以h1B transfer可能被拒
求解答，同时求律师推荐！Need a second opinion! | i****f
发帖数: 1 | 2 Did a bit research and discussed with my lawyer. Turned out that you can
file H1B transfer after entering US with AP. The legal memo is here,
Question 3 and 4. Hope it's helpful to everyone.
https://www.shusterman.com/handlvisas-travelingonadvanceparole/
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 approves 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.
4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the
United States via advance parole, the alien is accordingly in parole status.
How does the interim rule affect that alien’s employment authorization?
A Service memorandum dated August 5, 1997, stated that an “adjustment
applicant’s otherwise valid and unexpired nonimmigrant employment
authorization… is not terminated by his or her temporary departure from the
United States, if prior to such departure the applicant obtained advance
parole in accordance with 8 CFR 245.2(a)(4)(ii).” The Service intends to
clarify this issue in the final rule. Until then, if the alien’s H-1 or L-1
employment authorization would not have expired, had the alien not left and
returned under advance parole, the Service will not consider a paroled
adjustment applicant’s failure to obtain a separate employment
authorization document to mean that the paroled adjustment applicant engaged
in unauthorized employment by working for the H- I or L-1 employer between
the date of his or her parole and the date to be specified in the final rule. | a****r
发帖数: 4965 | 3 你的情况申请H-1B没问题，但批准的H1B有可能不带新的I-94。以前有人报告过批准的H
-1B I-797不带I-94，要想回到H1B需要出境签H-1B签证回来。
may
【在 i****f 的大作中提到】
: Did a bit research and discussed with my lawyer. Turned out that you can
: file H1B transfer after entering US with AP. The legal memo is here,
: Question 3 and 4. Hope it's helpful to everyone.
: https://www.shusterman.com/handlvisas-travelingonadvanceparole/
: 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
| i****f
发帖数: 1 | 4 Thanks!! :)
的H
【在 a****r 的大作中提到】
: 你的情况申请H-1B没问题，但批准的H1B有可能不带新的I-94。以前有人报告过批准的H
: -1B I-797不带I-94，要想回到H1B需要出境签H-1B签证回来。
:
: may
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