Advance Parole or H-1 stamp to travel?

A

Alvis100

New Member
I'm in valid H-1 status till 2005 and also have a valid H-1 visa stamp in my passport. I've filed I-485 in May 2002 and received my EAD valid till July 2003. All of this was done through the same employer. I've not accepted any other employment or started any business based on the EAD.

Should I apply for Advance Parole for a trip out of the US in November 2002 or can I use my H-1 visa stamp?

Appreciate a reply.
Thanks.
 
Thanks for your reply Jaxen. It wasn't a trick question. I also read the INS FAQ under Advance Parole.
Only thing that I am unsure of is: "Does the EAD invalidate H-1 even if I'm maintaining H-1 status and not using the EAD card that I possess?"
 
I am also in samilar boat

If I am going to file I-485 and may be waiting for EAD, AP, ETC when I will be visiting home country with approved I-129, whether it will create problem getting visa stamp at consulate ? whether it will effect my green care proesss ?

Please advise.

Thank You,

JB
 
see the archives

This question has been answered every other week. No h1 stamp will not be denied nor will getting the stamp affect the green card process..
 
jaxen..i have a question..

I am using my EAD to work and I am the primary applicant. My spouse is working on H1 which is valid till next year end, even though he has a EAD which he has not used. If we plan to go out of the country, i know that i have to get AP, what abt him ? Does INS think that once it issues EAD to a person, the person will be using it? In other words, how will the officer at POE determine whether to allow him on H1, when I have AP ? What proof do they have to verify whether he is using his EAD ? I hope you understand my question.
Thanks
 
Your spouse is fine...

If your spouse is on h4 then AP is required for your spouse , once you are on EAD and are going to use AP. i.e. derivative's status if it is dependent on the primary applicant's then AP is required.

If your spouse is on a h1 which by itself a valid status to go along with 485 adjustee status, AP is not required.

INS or POE inspector will not know what you(or spouse) are using for employment, unless you (or spouse) gives that information. But if you(or spouse) enter using h1, but were using EAD, then sometime in the future this conflict might cause a problem if the h1 employer is different from the current employer.

Mere approval of EAD does not invalidate h1. Only if I-9 was filed with the employer citing EAD, then h1 becomes invalid.
The issue is not entering US some way or other but be consistent with what INS expects an adjustee to use to enter US.

Next time please post a new thread for a question that is not related to this thread's first post.
 
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