advance parole / h1 travel dilemma

[guest1978]

I would like to find out what I would have to do to be able to travel internationally. I'll explain the
current situation:
My passport: expires on 10/15/2005, I am going to get it renewed in the next 2-3 weeks..

h1 visa stamp(from last company): valid from 09/27/2002 - 09/12/2005(from my last company, and this was before the
amendment was made for me to move from California to Chicago). The amended visa (I797) is valid
from 09/01/2003 - 02/06/2006. I am not sure if my company cancelled any of these..

Current Employer I797 is valid from 03/26/2005 - 02/06/2006. the h1 is not stamped on my passport though..

Advance Parole is valid until 09/26/2005

If I wanted to travel to India from Aug 20 - Sep 5, would I need to get a new H1 visa stamped, or can I travel on the basis of my AP? If I use my AP, does it mean that I am using my EAD in an indirect way; because I would like to stay on h1 status and not move to EAD..

What happens if I return after Sep 12(after my h1 visa stamp expires), could I still use my AP to enter(before AP expires of course)?

Thanks
Nikhil

 

[EricS]

I would like to find out what I would have to do to be able to travel internationally. I'll explain the
current situation:
My passport: expires on 10/15/2005, I am going to get it renewed in the next 2-3 weeks..

h1 visa stamp(from last company): valid from 09/27/2002 - 09/12/2005(from my last company, and this was before the
amendment was made for me to move from California to Chicago). The amended visa (I797) is valid
from 09/01/2003 - 02/06/2006. I am not sure if my company cancelled any of these..

Current Employer I797 is valid from 03/26/2005 - 02/06/2006. the h1 is not stamped on my passport though..

Advance Parole is valid until 09/26/2005

If I wanted to travel to India from Aug 20 - Sep 5, would I need to get a new H1 visa stamped, or can I travel on the basis of my AP? If I use my AP, does it mean that I am using my EAD in an indirect way; because I would like to stay on h1 status and not move to EAD..

What happens if I return after Sep 12(after my h1 visa stamp expires), could I still use my AP to enter(before AP expires of course)?

Thanks
Nikhil

As per my opinion, you can use your AP to enter. Using AP does not mean you are using EAD. You can enter on AP and still use H1 to work. Make sure your AP is valid upto the dates when you want to travel.
I am not a lawyer though!

 

[qa13]

regarding AP doc

I have a small concern.can some one tell me how the AP doc looks like.we got the AP doc but we don't have any stamp on it.we have`signature of immigration officer,that's all.


Thanks in advance.

 

[gc249]

As per my opinion, you can use your AP to enter. Using AP does not mean you are using EAD. You can enter on AP and still use H1 to work. Make sure your AP is valid upto the dates when you want to travel.
I am not a lawyer though!

Hi Eric,
I am planning to use AP. What impact on my I485? for H1 and H4?
If approves? If denied? If RFE?
Can I reenter with using AP?
Can be denied directly or first they issue RFE?

PD 2001 EB2 TSC
140/485/EAD/AP RD Feb 05
140/AP/EAD AP Mar 05
FP code..3 March 05
485 AD.....

 

[guest1978]

adversely affect h1 stamping chances?

so even if I enter using AP, it does not change my underlying H1 status? For example when I want to get the new visa stamped on my passport(from my current I797), the fact that I have used AP would not affect this stamping chances adveresely??

Thanks in advance..
Nik

As per my opinion, you can use your AP to enter. Using AP does not mean you are using EAD. You can enter on AP and still use H1 to work. Make sure your AP is valid upto the dates when you want to travel.
I am not a lawyer though!

 

[Jaggy]

I had a detailed conversation with my attorney today regarding the same issue. As per her if you are on H1B without the current stamp or an expired stamp and you reenter using AP then you are in paroled status(you should work on EAD) but after that if you seek an H1B extension or an H1B ammendment then that will be granted and that will put you back in H1B status. This sounds a little complicated but what they are trying to say is that when you enter on AP you shold work on EAD but when you do an H1B extension/ammendment it should be approved and you r back in H1B status. My argument to this is that since they approve the H1B extension/ammendment doesn't that mean that they are considering you to be on H1B status even if u enter on AP

 

[guest1978]

Ap/h1b

I am not sure, am kinda confused because it seems like a grey area..
My lawyer told me that even if I use AP, the underlying H1B status is still maintained. Is there any experts out there who have any thoughts?

Thanks

 

[EricS]

I am not sure, am kinda confused because it seems like a grey area..
My lawyer told me that even if I use AP, the underlying H1B status is still maintained. Is there any experts out there who have any thoughts?

Thanks

Hi, I agree with you guys that this is a little grey area. I shared with you what I read on this forum from other users experience. Even if you talk to different lawyers, they will have different opinions. You will have to take your pick.

 

[EricS]

Hi Eric,
I am planning to use AP. What impact on my I485? for H1 and H4?

In my opinion, using AP has no impact on 485/H1/H4.

If approves? If denied? If RFE?

I hope you mean if 485 approved/denied/RFE. If 485 approved or RFE, no effect on AP. If 485 denied, AP is invalid and you cannot use it.

Can I reenter with using AP?

Untill AP is valid (485 not denied), you can use it.

Can be denied directly or first they issue RFE?

Again I think you are talking about 485, yes, it can be denied diretly without a RFE.

PD 2001 EB2 TSC
140/485/EAD/AP RD Feb 05
140/AP/EAD AP Mar 05
FP code..3 March 05
485 AD.....