Advance Parole and I-94

[cha]

This is a scenario:

1. A person is on H1 visa and applied for 485 before leaving to INDIA.
2. He went to india and came back on H1 visa (Got I-94 valid till Nov 2003).
3. He received Advance payrole valid till 5/2004. EAD is approved but not yet received.

Now, my question is

After Nov 2003 (H1 expiry & I-94 expiry date), Is he has depart&re-enter USA on Advance-Payrole?

Please share your experiences and advices.

Thanks

 

[jigesh]

If you happen to leave the US after Nov. 2003, you must use advance parole to re-enter if you don't have valid visa stamp. You will need EAD in order to work after re-entry.

If you don't happen to leave the US after Nov. 2003, there's absolutely no need to leave and re-enter the US just because you got AP and your H-1B (and I-94) will be expiring. Your visa status is fine.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.