morningcall2008-05-28 22:00:34
Laoshi,

Your blog states: "移民局的规定是,使用 AP 入境,只要仍然维持 H 身份,其 H 身份可以 transfer (H-1),也可以 extend (H-1/4),--就象你没有用过 AP 一样。"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. " - Q 3 of INS Memo (5-16-00) H/Ls Who Work After Entering on Advance Parole(下同)

这个仍然维持 H 身份,不只是说你 H-1 入境后继续为原来的雇主工作,或 H-4 入境后仍保留其 H-4 身份,还应该可以这样引申诠释如下: 1) 你 H-1 入境后为新的雇主工作,其 I-129 transfer 获得了 USCIS 的批准;"

Q: Do you mean apply H1 transfer after using AP and come back? OR, received H1 transfer approval before using AP?

Q: Can we be outside of U.S. during H1 tranfer pending?


Please let me know if the following plans workable(both plans are based on only can work for new company after come back from China, not matter using AP or H1 to come back).

Plan 1.
Can I do H1 transfer before I go home? Once I got approved, then I use AP to come back to work for new company. In this way, my status will go back to H1.

Plan 2.
Don't do anything before going back home. Using AP to come back,start working for new company right away, then submit H1 transfer application within 10 days.
pjiang2008-05-29 01:30:22
回复:pijiang老师,details about your AP blog. 非常感谢!!
morningcall2008-05-29 01:40:01
非常感谢!!