485 pending-Canadian PR- Can I travel to India?

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Namrata Chaudhary

New Member
Hi folks,
   My 485 is pending with VSC and my ND is 11.22.00. I have done my fingerprints and am just waiting now. I am on H1 with no multiple H1 visa stamp on my passport cause I am a Canadian permanent resident (not citizen) and an Indian citizen and can travel to US without a visa. My question is does this still hold true while I have applied for 485? I don\'t need an AP, do I? I am not working on EAD although I have an EAD (never used it). Will I have trouble getting back into the US? I have done it 2 times before but then I hadn\'t applied for my 485, I was still in my I-140 stage. Your input will be greatly appreciated. My details just in case:
EB2/RIR - India
PD: Sep \'99
485 ND: 11/22/2000 (RD: 11/10/2000)
Fingerprints : 02/20/2001

Thanks in advance.
Nami
 
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You need Advance Parole documents in order to enter into USA. You cannot have H1B visa while you have EAD. It\'s one or the other but not both. Since you have EAD, and if you use H1B to enter, you might get into trouble during your GC process.
 
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Hi GC_ontheway,

I am not using my EAD. I am under the impression that u need an AP only if u are using ur EAD but I am still on H1. I know that H1 gets invalidated the moment u use EAD, I have not used my EAD. Would I still need AP? Can\'t I enter the way I have on previous occassions?

Thanks.
 
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Dear GC_ontheway,
I agree with yu and have a small Question. Using EAD means using for work, but if I have not worked any where but I used it to take a SS number and after that I was not able to work due to my health problem it means still I am using EAD or not.
Please reply
Nicky
 
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Nami, I entered in H1 while 485 is in pending. As long as you are not using your EAD you are fine. You don\'t need AP. Enter as you have done previously. Don\'t tell them that you have applied for 485(They won\'t ask). Hope this help.
 
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It is safe to have AP if you want to enter US directly from any country other than Canada as most airlines looking for Passport Visa. But you can enter through Canada using your H1 with out Visa, provided you maintained 180 day residence in Canada.
 
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Nami, Nick_Josepth, Thomas Dev, and KayKay

Here\'s what I was advised and what I have done:

H1B and EAD allows a person to work in the US. While H1B is a visa and EAD is not, but EAD is available only in I-485 process. Furthermore, Advance Parole is only available in I-485 which facilitates your entry to the US as many times prior to it\'s expiration, similar to H1B.

Generally when a company applies for EAD & AP while on TN/H1B, then it supercedes TN/H1B either through default or cancellation.

Hence I would suggest you to use your AP. If you enter from Canada you would need AP papers, just like you enter from any other country.

I am a Cdn citizen, and have travelled on TN, H1B, and on AP. In fact this past weekend, I had my AP stamped and was told I may now travel in & out of the country as I wish.
 
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Thanks everybody for your input. I have decided to wait until I get my gc to go to India. I was in between projects so wanted to go to visit family, no emergency. Might take another 4-5 months for my gc to come thru, what\'s 4 months compared to absolute freedom, eh? :) Once again, thanks everybody.

-Nami
 
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