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H1b Extension Pending - Aos Pending - Need To Travel

Discussion in 'Nonimmigrant Visa Validity' started by abbose, Aug 19, 2016.

  1. abbose

    abbose New Member

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    Hi,

    My university filed a I-129 (H1B extension petition) two weeks before my I-94 expiry date (August 18th, 2016). I hear that USCIS is taking a very long time to adjudicate extension petitions. What happens if I do not hear from USCIS within 240 days of my I-94 expiry?

    I filed an AOS application on June 6th, 2016 and I have received a EAD/AP card. If I need to travel outside US early next year and do not have my extension approved by then, will re-entering on AP jeopardize my H1B status or my AOS? Please suggest what I should do.

    Thank you so much!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may use your AP to travel, but when you return, you will be a parolee, not an H1B.
     
  3. Greeeeencard

    Greeeeencard Guru

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    As @ron said, you will be parolled and loose your H1B status, but if your H1B extension petition is approved after you re-enter, your H1B status is again activated.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is not correct. You may not move from parolee to nonimmigrant. The parole status at the last entry controls and it doesn't matter that an extension or COS may come through after that.
     
  5. Greeeeencard

    Greeeeencard Guru

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    You are contradicting what Murthy Law says here:

    https://www.murthy.com/2008/03/21/effect-of-travel-while-in-h1b-l-1-status-and-pending-i-485/

    Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition
    The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP “may apply for an extension of H1B or L-1 status, if there is a valid and approved petition.” If the USCIS approves the petition, this “will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.” Therefore, one’s H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
     

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