b********2
发帖数: 125 | 1 现在是H1B身份还有三年可用，刚拿到AP和EAD，回国用AP返美后是还维持原来的H1B身
份还是必须启用EAD了？ | n*****5
发帖数: 430 | 2 据说最好用H1B 维持这个状态
用了AP 就是AOS了 | s**********g
发帖数: 14942 | 3 用了AP就变AOS用EAD了
所以一般返美不用AP用H1B
【在 b********2 的大作中提到】
: 现在是H1B身份还有三年可用，刚拿到AP和EAD，回国用AP返美后是还维持原来的H1B身
: 份还是必须启用EAD了？
| D******1
发帖数: 327 | | m******8
发帖数: 123 | 5 Google 找到的。
As a general rule, an alien who has filed for Adjustment of Status in the US
must apply for Advance Parole and use the Advance Parole to come back to
the US in order to keep his / her Adjustment of Status application.
Conversely, travels without Advanced Parole will cause USCIS to consider the
pending Adjustment of Status application to be abandoned, even if the alien
comes back to the US on a valid visa. H-1 and L-1 visa holders are the
only exceptions to this rule. H-1 holders will be discussed here.
Unlike other visa types, the aliens in H-1B status who have a pending
Adjustment of Status application do not need to apply for Advance Parole to
go abroad if they fulfill certain conditions. As long as the H-1B visa
holder maintains his/her H-1B status before leaving the United States, the
alien may apply for an H-1B visa to re-enter the U.S. to work for his/her H-
1B sponsoring employer after his/her travel abroad. When the alien comes
back with a valid H-1B visa to work for his/her H-1B sponsoring employer, he
/she is not considered to be in parolee status, but rather still under H-1B
status, and his/her I-485 (AOS) application is preserved. Furthermore, an H-
1B holder does not need an Employment Authorization Document (EAD) to work (
for his/her H-1B employer), and is still eligible to apply for an extension
of H-1B status or H-1B transfer.
There is also an exception that allows an alien to change status from
parolee, back to H-1B status, if certain conditions are met. If an alien is
in H-1B status before traveling abroad and re-enters the United States with
an advance parole document and resumes work for the same H-1B employer, he/
she may resume their H-1B status by applying for an H-1B extension petition
or an H-1B transfer petition. Also, upon return and resume of work for the
same H-1B employer, though in parolee status, the alien’s H-1B employment
authorization will remain valid for the approved period.
Example 1:
Tony is a valid H-1B visa holder and is going abroad to India; however, he
does not apply for an Advance Parole document. He wants to return to the U.
S.; therefore, he applies for an H-1B visa again and it is approved. He now
is able to re-enter the U.S. If he returns to work for his H-1B sponsoring
employer, his I-485 will be preserved and he will keep his H-1B status.
If Tony fails to obtain an H-1B visa and he has to use the Advance Parole
document for entering the U.S. after his trip, he will be granted parolee
status at the port of entry. If Tony continues to work for his H-1B employer
, his H-1B employment authorization will remain valid for the period as
shown on the approval notice and he will not need an EAD to work. If Tony
files an H-1B extension petition or H-1B transfer petition (through employer
's sponsorship) before the expiration of his H-1B approved period, the USCIS
will grant him H-1B status upon approval of the H-1B petition. Through
this method, Tony will resume H-1B status.
Example 2:
Bill is in valid H-1B status and travels abroad to Korea. He applies for an
Advance Parole before going abroad and receives his Advance Parole. He
applies for an H-1B visa in Korea to come back to the United States. However
, he is unable to get the H-1B visa. He could re-enter the US by using his
Advance Parole and return to work for his previous employer. His H-1B
employment authorization remains valid for the approved period and he does
not need an EAD. However, he is in a parolee status.
After 90 days, Bill starts working for a new employer by using an EAD. His
new employer, however, does not file an H-1B transfer for him. As a result,
Bill will never be able to change back to H-1B status since he is no longer
qualified for the exception rule.
- See more at: http://www.hooyou.com/advanceparole/h1bv-ap.html#sthash.e4NFQDTf.dpuf
- See more at: http://www.hooyou.com/advanceparole/h1bv-ap.html#sthash.e4NFQDTf.dpuf
【在 b********2 的大作中提到】
: 现在是H1B身份还有三年可用，刚拿到AP和EAD，回国用AP返美后是还维持原来的H1B身
: 份还是必须启用EAD了？
| y******u
发帖数: 1123 | 6 这个问题很复杂，很多网上的建议都不准。我之前看了好多说法，比靠谱的是ap入境还
可以用h1,用了ead就不行了。不放心可以咨询律师。
【在 b********2 的大作中提到】
: 现在是H1B身份还有三年可用，刚拿到AP和EAD，回国用AP返美后是还维持原来的H1B身
: 份还是必须启用EAD了？
| v**********o
发帖数: 11689 | 7 “比靠谱的是ap入境还可以用h1”，从哪听来的？十分不靠谱
【在 y******u 的大作中提到】
: 这个问题很复杂，很多网上的建议都不准。我之前看了好多说法，比靠谱的是ap入境还
: 可以用h1,用了ead就不行了。不放心可以咨询律师。
| y******u
发帖数: 1123 | 8 至少楼上那个律师的话也是这个意思吧，批准的依然有效。不信去隔壁问问呗，他们更
有经验。
【在 v**********o 的大作中提到】
: “比靠谱的是ap入境还可以用h1”，从哪听来的？十分不靠谱
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