Advance Parole and H1B

B

bingy81

Registered Users (C)
Hi,

My current status is
EAD approved
I140 approved
H1B extension approved(first time extension)
I485 Pending (I140 & I485 concurrent process) (prority date on my labour and I140 is dec06)
Advance parole pending

I m still on my H1B (on extension) and i dont have stamping on my passport and i m planning to go for a vacation in jan 2009

these are the question i have

1) If i go to my country and attend H1B interview and if i get rejected can i come back with my EAD?

2) In case if i receive my advance parole before Jan09 and if i use my advance parole and when i come to US can i change my status back to H1B or will i remain on my EAD and H1B will not have any value?

Anyone please explain this to me

tnx in advance
 
1. No you need to have the advance parole in order to return, EAD states not for use to re-enter.

2. If you do not work on your EAD and continue working on your H1-B then your status would still be H1-B even though you used the advance parole. If you were really concerned you could file to have your H-1 re-instated but i believe it already would be because your still working on it.
 
Hi,

thanks for ur reply . Let me confirm

1)if i get my advance parole then i can use my advance parole to go to India and come back and work on my H1B extension even without stamping H1B on my passport

2) if i have my advance parole and if i use my H1b status while leaving US (means show my H1B extension documents in the airport while leaving) and incase i get rejected in the H1b interview in India, still i can use my Advance parole to come back to US but this time i ll be on my EAD as my H1B is rejected...

is it right?

one more question while leaving the country and coming back should i use the same status like AP/H1B or i can show different status (like while leaving on AP and coming back on H1B status or leaving with H1B status and coming back with AP)

Please reply ...
 
bingy81 said:
Hi,

thanks for ur reply . Let me confirm

1)if i get my advance parole then i can use my advance parole to go to India and come back and work on my H1B extension even without stamping H1B on my passport

2) if i have my advance parole and if i use my H1b status while leaving US (means show my H1B extension documents in the airport while leaving) and incase i get rejected in the H1b interview in India, still i can use my Advance parole to come back to US but this time i ll be on my EAD as my H1B is rejected...

is it right?

one more question while leaving the country and coming back should i use the same status like AP/H1B or i can show different status (like while leaving on AP and coming back on H1B status or leaving with H1B status and coming back with AP)

Please reply ...
Click to expand...

Please don't get confused with H1 Visa and AP.
You can work on your H1 and still use your AP to travel and come back and continue to work on H1 with the same employer.
AP is just a travel document that allows you to travel abroad and return to US while your I485 is pending. Thats all is there to understand about AP.
 
Ap , ead , h1b

Hi ,

I have I485 pending since august,07.Also I have H1b valid until 2010 and AP and EAD expired.I never used my EAD or AP so my status is H1B if I am not mistaken.My PD is 2003 -ROW and my last entry was 2002...long time ago...
Can I apply for new AP without EAD and go abroad for a month ,come back using my AP and keep H1b status?Do I need to be consern at the POE if officer ask me why I dont have h1b stamp if i want to keep this status or why i dont have EAD?Or I can just enter based on approved AP and pending I485?

Thank You for any inputs ...
 
Morko,

1- EAD and AP are two independent documents; you can apply for either one alone if you want. So yes, you can apply for a new AP document.

2- Yes, once you get your AP (and only once you get it in hand, not before), you can travel abroad and return. Yes, you can return to work for your H-1B sponsor if your H-1B documents are still valid when you return (i.e. your I-797). However, even though you can legally resume work for your H-1B sponsor, you will be a parolee, not in H-1B immigration status anymore. This may or may not be of any consequence to you, but make sure you understand that you will not be in H status anymore (even though you can continue to work). If you file for another H-1B extension with your employer in the future, you will automatically go back to being in H-1B immigration status once the extension is approved.

3- The immigration officer should be knowledgeable of immigration law. Unfortunately, most of them are not. Therefore, look up "cronin memorandum" on Google and read it carefully so that you understand it. Once you do, and if you are worried about the officer at the airport, you can take a printout of this memorandum with you if you so choose, to show them.
 
Jk0274,

Thank You for your quick response!

I believe that this is the memo which i was reffered to!
http://www.shusterman.com/cronin51600.html

Lets make long story short:
- I don't need EAD for any reason if I still have have I-797 for my H1B until 2010 and wanted to continue working for the sponsoring organization;
- I need approved AP before leaving US;
- At the port of entry I need to show :
1) valid passport
2) valid and original AP-full set
3) unexpired I-797 for my H1B
4) original receipt of pending I-485
- I will be admited like a parolee and will be able to resume same job without any future steps until my expiration H1b date. Then if I apply for new EAD i will keep same parolee status or if extend my H1B based on pending I-485 i will go back to H1b status!
- Also the officer will give me new I-94 with expiration date 1YEAR after this entry which will be earlier than my H1B expiration date,but this really doesn't matter or i need to do some steps to revalidate same I-94?

Thank You and have a good weekend!
 
At port of entry you only need a valid passport and your AP document (plus customs form and new I-94 form you filled out in the plane). People sometimes carry the other two things you mentioned but it's not required (although it doesn't hurt). But do not give the IO anything other than your passport and AP - you will probably be asked to go to the back room for secondary processing but that's normal for AP holders. Don't show any H-1B papers unless asked because that will just confuse the officer, and also you don't need to show your I-485 receipt since the AP document contains your A# anyway.

You are entirely correct - if you let your H-1B paper expire then you need an EAD to continue working, or you can extend your H-1B and thus regain H-1B status. Just keep in mind that if you have dependents, they will no longer be in H-4 status once you are paroled into the US, which shouldn't really matter unless they travel, in which case they must also have their own APs (assuming of course they have their own I-485s filed).

Correct - the expiration date on your I-94 doesn't matter for a parolee, you are legally present as long as your I-485 is pending.
 
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Jk0274,

Thank you for your time and efforts to help others!

Especially for this reminder when I have dependent-wife.Her EAD and AP are expired-never used and she now is in H-4!In this case Do you think that her pending I-485 should be enough to keep her in status,when i come back like a parolee or i need to get her new EAD to keep her along with my parolee status.I don't think that new AP will help,because most likely I will travel alone!

Your answer is greatly appreciated!
 
morko said:
Especially for this reminder when I have dependent-wfe.Her EAD and AP are expired-never used and she now is in H-4!In this case Do you think that her pending I-485 should be enough to keep her in status,when i come back like a parolee or i need to get her new EAD to keep her along with my parolee status.I don't think that new AP will help,because most likely I will travel alone!
Click to expand...
She doesn't need an EAD or AP to keep her status if she's not working or traveling. Of course, having a valid EAD may be useful for other reasons like renewing her driver's license or state ID.
 
Jackolantern,

This is true when I am with my H1B status,like I am still now.But -just to make sure-is this still true if I change my status from H1B to parolee,when I am primary applicant,or it doesn't matter?
We have our DL's and state ID's already issued in 5 and 4 years basis and they aren't attached any how to our immigration stuff...

Thank you very much for your time!
 
morko,

If your wife is not traveling with you, she doesn't have to do anything. Her pending I-485 keeps her lawfully present in the US. When you come back as a parolee, she will also lose her H-4 status because you lost your H-1B status, but you are both lawfully present. The EAD or AP are only documents, neither of them confer status at all. She only needs an EAD if she wants to work, and she only needs an AP if she wants to travel and return to the US without abandoning her I-485. That's all. Again, neither of these documents confer any sort of immigration status in and of themselves.

However, if she DOES travel, she needs to get an AP approved before departing the US.
 
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Urgent:premium advance parole

Hi

I joined a new company in Sep2008 and applied for H1b transfer. My new H1B petition expires in 2011. I have I485 pending and my advance parole documents expired last month. I applied for my dependents' H4 extension last week and it is yet to come. I live in New Jersey. I have an urgent need to go India with family in the 2nd week of March2009. Since I dont have my dependents h4 petition and also I dont have valid AP for anybody in the family. Is there any process to get the advance parole in faster way? I'm planning to send the advance parole documents tomorrow, how long will it take to get the approved AP?

Appreciate your quick reply.
 
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