Max

I have an AP document and an approval document for an H1B (but NOT the H1B
stamp).
Does the Dual Intent Doctrine apply here?
In other words, can I enter the US with the AP and still be considered on an
H1B status even though I don't have the H1B visa?
Thanks in advance!

Manish

marlborobell

Well, yes and no. If you enter using the AP (and don't have an H-1B visa stamp), you're paroled -- you're not in H-1B status any more. However, INS/CBP/USCIS/whatever they're called this week have a policy that says that you can still work for your petitioning employer without obtaining a separate EAD. See http://www.immigrationlinks.com/news/news301.htm, and in particular point 4 and the last paragraph of point 5.

What is the net effect of this? Probably not a lot, but it might affect your ability to bring family members in as H-4s if they don't have AP documents themselves. (For instance, if, as many people seem to do, you marry someone from your home country while your adjustment is pending.)