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  #1  
Old 12-15-2010, 05:50 PM
Junior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
06/05/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/14/2007
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Join Date: Jul 2007
Posts: 8
losangeleskar is on a distinguished road
Default What is my status ? H1B or Parolee ?

I am in the USA since 2000. I filed the I-485 in EB3 Catagory in July 2007 and renewing my H1B, EAD and AP since then on regular basis to play it safe. My last H1B stamp expired in July 2010 and i had to go to UK and Brazil on a business trip in Aug 2010 so i used my Advance Parole to come back to USA. My H1B extension got approved in Sep 2010 and i got the H1B visa stamped (For 3 more years) at US Consulate in India in Nov 2010 and came back to USA in first week of Dec 2010. The Immigration Officer (IO) looked at my records on his PC and asked me to show Advance Parole and i was admitted as a ĎParoleeí even though I had a valid H1B visa in my passport. (I was told by my lawyer that i will be admitted as H1B and thats why i went through the tedious H1B stamping process at US Consulate) I insisted on being admitted as a H1B but he didnít listen. He said you should not be on H1B as you have crossed the 6 year limit (I know this is incorrect) and its good for you to be on a Parole and Parolee status is safer than being on H1B and asked me to stop arguing with him. The IO said we do this every day and know this better than you. I am really confused about my status now. Am I on H1B or not ? If not, should I start working on EAD and donít renew my H1B here onwards ? Will I be able to transfer my H1B to some other company in the future ? Please advise.
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  #2  
Old 12-16-2010, 01:45 PM
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Default

Your issue is one of the gray area that USCIS have not addressed properly. No worries, how long is your I-94 valid? If it is not for 3 years then you should consult with your attorney and rectify it with help of USCIS. Or plan for a international trip and get it fixed. I94 is the only document that tracks your legal status. They ask for it at all filings. So don't assume yourself that you have been granted 3 year visa so you are ok for 3 years.

You should be fine transferring your H1B to another company, but you should do it before your I-94 expires. That is one way of getting the I-94 renewed for 3 more years.
__________________
Disclaimer about my advice above in this forum post.
I AM NOT AN IMMIGRATION ATTORNEY AT ANY LEVEL. THIS IS PURELY A FRIENDLY ADVICE TO HELP. ALWAYS CONSULT AND DECIDE BASED ON YOUR CURRENT/FUTURE IMMIGRATION ATTORNEY.
-Rajenk (Immigration Voice Senior member)
Greened on 10/01/2010
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  #3  
Old 12-19-2010, 07:01 PM
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EB2
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As far as i have read, one person cannot be on two statuses..You can be either H-1B or on EAD/AP. If you used your AP to enter the country, then you are now a Parolee...You will have to use your EAD instead of H-1B to work and keep working.

Consult with your immigration attorney on this for direction.

Good luck
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  #4  
Old 12-20-2010, 02:29 PM
Member
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:
Sep-03
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:
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I140 Mailed Date
:
03/18/2003
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:
India
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:
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I485 Mailed Date
:
07/21/2007
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Tshelar will become famous soon enough
Default This topic has been discussed numerous times

Your real status is AOS since you filed for 485. AOS also makes your stays in U.S legal.
Now to work in U.S you need an EAD or H1-B. You can continue working on H1-B even though you have entered U.S on AP provide your H1-B is with the same employer who filed your 485.
AP is a travel document and has no barring on the individualís status in the U.S. One can use AP or a valid visa to travel.
There are numerous forums that has discussed this in the past. Please do a search on them.
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