485/AP Please help!!!!

S

shanti

Registered Users (C)
Here is the deal. I have my advance parole as I am on EAD. I am the primary applicant on the GC.My husband is on H1. We are planning to go to India the week of 31st Jan 02. We did not apply AP for my husband as his H1 is valid untill Sept 02. Would it be a problem if he travels with H1 and myself on Advanced Parole.

Would he be able to come back to US on H1 inspite of not having AP. I will very much appreciate if any body responds to this one and share your similar experiences if you can

Thanks much!!!!!
 
No Title

He need to get a letter from his company about his position, pay and H1 availability. He also need to bring with him the application materials of H1( check with your lawyer). Then he should be able to get a visa next day (not even go into embassy, but depends on country)
 
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rlees, He already has his H1 valid untill Sept 02.He does not need to take his H1 visa. He already has H1 stamping in his passport and his I-94 expires in Sept 02. Please reply!!!!
 
NO Problem

We have the exact case and we travelled to India last year. No question was asked to my husband who travelled on H1, even though his I-485 was filed. We are going again this year..
It is NOT mandatory to travel on AP for 485 filers, as long as they have valid H1 stamp they can use it.
You will have no problems..
 
shouldn\'t be a problem....

You are all set....
Have a wonderful time on your vacation.....

bkcgey
 
No Problem!

We just returned from India three weeks back. My wife had AP & EAD I had my H1. I did not have EAD/AP but had H1 visa stamped till Nov 02. However in India she decided to apply for H1 and got it. Hence she too used H1 to reenter. But I had checked and collected info that it is ok. for one spouse to use AP and other to use H1. One of my friend did the same (Primary applicant used H1 and wife - derivative used AP).

IF you are using AP, please carry copy of your 485 receipt notice. For H1 - copy of your H1 approval notice even though you have a visa. Also a recent pay stub or letter from employer stating that you are still working for the same employer.

Check Ms. Murthy\'s website if you want further info.
 
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