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  #1  
Old 12-24-2007, 09:26 AM
gps001 gps001 is offline
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Default Transfer H1-B, after using Advance Parole

Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?

The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


Thanks
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  #2  
Old 12-24-2007, 01:50 PM
smisachu smisachu is offline
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Default

Same situation here. I know about renewing H1 with same company is OK but as you have asked with a different company is a big ?. Hope some one answers.....I have appointment in Kolkota but not sure if I should cancel the appointment or go...


Quote:
Originally Posted by gps001 View Post
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?

The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


Thanks
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  #3  
Old 12-24-2007, 03:15 PM
trexx7 trexx7 is offline
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Default

I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts
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  #4  
Old 12-24-2007, 03:22 PM
nlssubbu nlssubbu is offline
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Default

Quote:
Originally Posted by gps001 View Post
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?

The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.

2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.

I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.

I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
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Last edited by nlssubbu; 12-24-2007 at 06:26 PM.
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  #5  
Old 12-24-2007, 05:29 PM
hpandey hpandey is offline
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Default In my opinion

Quote:
Originally Posted by gps001 View Post
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?

The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


Thanks
If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .

If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .

What you are suggesting is certainly possible but complicated.

Easy way would be to go on AP and use your EAD and AC21 to move to another company .

But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .
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  #6  
Old 12-25-2007, 12:07 AM
wc_user wc_user is offline
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Quote:
Originally Posted by nlssubbu View Post
Thanks
All said and done, isn't it safer to just get your H1-B stamped and come back using H1-B visa. This way, there is no doubt. I have an AP, but I am planning to get my H1-B visa stamped when I go to India in January.
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  #7  
Old 12-26-2007, 06:25 PM
gps001 gps001 is offline
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Default

Thanks for your response. Only NLSUBBU has had some experience. I have seen his messages in some other queries too. But more often, I have seen that people suggest that its better to get a H1-B stamped, just to make sure that you don' t need to renew your AP every year.

The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.

Thanks again.

Quote:
Originally Posted by trexx7 View Post
I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts
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