mellon2008-03-29 15:31:13
皮匠老师,因我近期内需要回国旅行,涉及到AP使用后H1的问题,将您的博客文章再谈 AP 和 EAD 对 F/H 身份之影响研读了一番,您的文章条理清晰,解答了我不少的迷惑,非常感谢,现还有一小小疑惑,恳请相助。
According to INS Memo (5-16-00)

Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service determines the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.

This statement means that one can extent his/her H1 status even if he/she enters USA with AP.

A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.

This statements means one can still maintain his/her H1 status had he/she not entered USA under AP.

这样看来,如果持AP入境,其H1是可以延而不可以转的,不知我的理解对吗。因为我比较担心AP使用后H1能否再转的问题,所以要在这个枝节上再纠缠一下,请见谅。还有就是您听闻比较广,不知有没有听说过使用AP后H1仍然转成功的例子。希望您能拨宂解答,万分感谢.
pjiang2008-03-31 02:08:00
是只说了可以延,但没有说不可以转 - 回复:皮匠老师请入内,谢谢