| Q. |
H1 Extension pending while i am traveling
Hi yestrday i asked the question re traveling while H1 extension is pending and re-enter on AP.
Thank you for the answer, but i forgot to mention.
I left US on Sep/9, and i was on H1 status before that and return on Oct/9 on AP, H1 extension sent before that on aug/09, my current H1 expired on Jan/2010.H1 extension still pending, i am still working under 240 days rule(so my current status AOS).
- you answered me that if i return using AP while H1 extension is pending, i can resume working with same empolyer.and my status ll be AOS.
the thing i mentioned above re my pevious travel on sep, does it make change re ability to resume working.(because condisering i ll leave us on AOS not H1 status as the first travel).
User's Location:
lily, Arkansas, United States of America
Category:
H1B, H4, L1, L2 Visa
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| A. |
Thank you for the clarification and the additional information.
When you came back to the U.S., you entered on AOS pending status because you invoked your AP. As a result, your H-1B petition, once approved, will extend your H-1B but will not extend your I-94 card because your most recent and valid I-94 card was for parole. As a result, you are authorized to work under AOS pending (make sure you always have a valid EAD) but if you want to be on H-1B status, you will have to (1) wait for the H-1B approval and (2) apply for change of status to H-1B based on the approved H-1B petition.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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