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你们都没跟律师谈过么？

你们都没跟律师谈过么？# Working - 上班一族

a*i2004-08-03 07:08

1 楼

Only if you enter the country using AP, then you become a parolee, GC pending,
you are no longer a H1B status holder.
But if you enter the country with H1B visa, it doesn't matter whereever your
immigration paper had gone to, your immigration status will still be H1B.
And even if you are rejected h1b, it shouldn't have any effect on your
immigration application.

l*e2004-08-03 07:08

2 楼

actually different lawyers have different interpretations on this, per my lawyer,
using ap won't affect your h1b status, it's just a facility provided by UCIS
to parole people in AoS pending to leave country temporarily, originally it
was intended to provide convinience for those have to leave the country (say
medical or family emergence), however later on it becomes a semi-GC visa
waiver vehicle.
right now UCIS has no publications on this, guess they just generally treat
those APs as GCs. up t

【在 a*****i 的大作中提到】

: Only if you enter the country using AP, then you become a parolee, GC pending,
: you are no longer a H1B status holder.
: But if you enter the country with H1B visa, it doesn't matter whereever your
: immigration paper had gone to, your immigration status will still be H1B.
: And even if you are rejected h1b, it shouldn't have any effect on your
: immigration application.

a*i2004-08-03 07:08

3 楼

The difference between parolee and H1B is that if you lose your job as a parolee,
you have to leave the country immediately. Unlike H1b that has a buffer time...

【在 l****e 的大作中提到】

:
: actually different lawyers have different interpretations on this, per my lawyer,
: using ap won't affect your h1b status, it's just a facility provided by UCIS
: to parole people in AoS pending to leave country temporarily, originally it
: was intended to provide convinience for those have to leave the country (say
: medical or family emergence), however later on it becomes a semi-GC visa
: waiver vehicle.
: right now UCIS has no publications on this, guess they just generally treat
: those APs as GCs. up t

g*f2004-08-03 07:08

4 楼

his point is:
if you use ap for re-entering US, you could still be a H1B holder
different lawyers have different opinions regarding that

【在 a*****i 的大作中提到】

: The difference between parolee and H1B is that if you lose your job as a parolee,
: you have to leave the country immediately. Unlike H1b that has a buffer time...

g*f2004-08-03 07:08

5 楼

we used ap to re-enter US a year and half ago
and did not switch the status to 485 pending until the company asked us
to use EAD other than renewing H1B

【在 a*****i 的大作中提到】

: The difference between parolee and H1B is that if you lose your job as a parolee,
: you have to leave the country immediately. Unlike H1b that has a buffer time...