mylawyer2008-11-14 19:53:23
According to Mr. Stanley Mailman (if you want to learn the whole communication, please search one of my previous posts), you can maintain your H-1b nonimmigrant status after using AP in this way:

after entering US with AP, you should

1) return to your H1 employer;

2)give HR a copy of your AP card;

3) give HR a copy of your new I-94

4) fill a new I-9 form and claim you will continue working on your valid H-1 petition

5) give HR a copy of the May 16 2000 memo (in case HR does not undertand the law)

After these actions, you are actually in your H-1b nonimmigrant status. You should file H-1 extension in the future if you want to keep your H1b status after the expiration of the H-1 petition you rely on after using AP.

welcome any comments on this summary!



allforGC2008-11-15 04:20:16
Ding!! very clear. thank you.