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发帖数: 1767 | 1 今天和学校律师的对话，给大家提供点有用的信息：
律师：If you reenter the US on your AP, your status in the US will be “
pending adjustment applicant.” The problem with this status is that if
your I-485 is denied, for any reason, as a “pending adjustment applicant”
you are required to depart the US on the date you receive notice of the
denial.
I always recommend that faculty stay on H-1B status while their I-485s are
pending because if the I-485 is denied, they can remain in the US in H-1B
status while they sort out the reason for the denial.
If you want to travel and reenter the US in H-1B status, you would need to
have a valid H-1B visa stamp in your passport, and I understand the risks of
a lengthy administrative processing of a H-1B visa stamp.
It’s a decision you need to make.
We will not re-do your I-9 to mark you as working for us on your EAD rather
than your H-1B after your trip abroad because your travel alone will not be
sufficient to trigger us to redo your I-9. But that said, my first
paragraph above still applies – if you reenter the US with AP as a pending
adjustment applicant, you lose the protection of the H-1B as a more secure
status in the US.
I definitely believe you should extend your H-1B in October if your green
card is not issued by September.
我： Can I extend my H1B to re-instate my H1B status after I use AP to re
enter US? Curran and Berger seems to state “yes” to this question on their
website: http://www.curranberger.com/types/h-1b-visas-for-specialty-occupations/using-ead-ap-with-h-1b-status
If that’s the case, do you think I can just immediately apply for H1B
extension (either in May or June) to restore my H1B status in case my I485
is denied for any reason. In that way, I can avoid lengthy processing time
for a H1B visa stamp and still remain my H1B status after re-enter with AP,
right?
律师： Yes and Yes |
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