Questions about AP.

I know a lot of H-1 holders apply the AP. However, based on the USCIS website, the AP does not apply to H-1B holders (See bwlow). I got confused and was wondering:
1. whether H-1B holders should apply the AP or not.
2. I guess some H-1B holders with valid AP like to apply new H-1B for returning the US, rather than use the AP. Can I get the new H visa, if the VO knows I have the AP?
3. If use the AP, whether have to apply and use EAD either? how to maintain the H-1B status (without changing job)?
4. Is a good idea to apply the H visa in Mexico or Canada before going back to China?
Thank you for sharing your idea.


The USCIS website states:

Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visa....

The instruction for the AP application states:

Note: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:
1. You are in one of the following nonimmigrant categories: An H-1, temporary worker, or H-4, spouse or child of an H-1.....
2. A Form I-485, Application to Register Permanent Residence or Adjust Status, was field on your behalf and is pending with the USCIS.
However, upon returning to the United States, you must present your valid H nonimmigrant visa and continue to remain eligible for that status.

所有跟帖： 

• 回複：Questions about AP. -sqgs- ♂ (725 bytes) () 04/25/2006 postreply 19:05:12

• 回複：回複：Questions about AP. -mpegg- ♂ (23 bytes) () 04/25/2006 postreply 22:31:06