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Reference to memorandum governing H-1B status when entering the US on Advance Parole - what is the name and where to find it?

Santa Clara, CA |

I am told there is a memorandum, not a regulation, where USCIS states that if you travel on Advance Parole you will still be in H-1B status when you return, as long as you have a valid H-1B.

I have H-1B extended through Sept, 2015 (6 years expired Sept 2012), and Advance Parole as I am in Adjustment of Status. I dont have a valid H-1B visa stamp in the passport anymore.
If I travel and return to the US without a new visa stamp, and enter on A/P, will I be abandoning my H-1B and would have to work on EAD, or can I resume my H-1B status and continue to work (for the same employer)? I am told that because of the aforementioned memo, I will enter under A/P in H-1B status - but I cannot find the memorandum to read the language myself.Can someone provide a reference to the memorandum?Thanks!

Here is actually the most important implication of my question: It looks like with a valid Advance Parole I would enter as parolee, but retain the benefits of H-1B (working for the same employer for the duration of previously extended H-1B status). But being a parolee, if AOS is then denied, I am no longer in any status (since this would be my 7th year on H-1B) and have to leave immediately. Is this understanding accurate? That is the most important implication for me - and one where my personal attorney contradicts my employer's attorney.

Attorney Answers 3


  1. Best answer

    Your likely referring to the March 14, 2000 USCIS memorandum on dual intent issued by Michael Cronin. The topic is covered Chapter 23 of the Adjudicator's Field Manual that can accessed at www.uscis.gov.


  2. This is the official word. If this doesn't answer your question ... you should meet with an attorney:

    http://cbp.gov/xp/cgov/travel/id_visa/lpr/adv_parole.xml

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.


  3. See mr. Anderson's answer below

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