上個h1b今年5月31號到期,5月中旬單位遞交H1B extension。
8月20號回國。
9月20號從洛杉磯用AP/EAD combo card入境。I94的標注是parole。
9月21號收到律師Email通知h1b extension批準了,同時給了批準件的掃描件。看到notice date是9月10號。該批件上並沒有有效的I94。所以律師要求“ In order to obtain your new I-94 Departure Record, which you will need in order to depart the U.S., please see ××× in AAAA Office of Human Resources”。接著問了用AP對H1B的影響,律師這樣回答,“As long as you remain employed by ××× and do not use your EAD for work authorization, you should be able to obtain an H-1B visa stamp the next time you are abroad. The fact that you entered the U.S. on advance parole last week does not invalidate the H-1B visa status you have with ××× and the rights afforded to you by virtue of that status.”。
現在我的問題是,是不是必須的去境外弄個H1B 的stamp?我已經進入美國,雖然用的是AP;將來仍然可以用AP進入美國(雖然短期內並沒有外出的計劃)。
-As far as I understand, your H1 is invalid and the reason is as follows:
you left US after your old H1 expired and the H1 extension petition was pending and that means you had no H1 status when you left US. Then, your H1 extension was approved before you entered US using AP. Thus, when the H1 extension was approved, you did not have an H1 status either because you were in China at that time. Therefore, you can not use the H1 benefit to work after you entered US using AP.
If your H1 extension were approved after you enetered US using AP, you would have worked using the H1 benefits without using EAD.
So, you need to have an valid EAD at hand to work even if the employer does not require you to show them the EAD. So, for your safety, you had better renew your EAD in advance up to 120 days before your current EAD expires.
If you want to reinstate yoru H1, your just go to China to get the H1 visa to come back in the future.