Advance Parole Qs, pls help

G

gc2thimma

Registered Users (C)
I have a valid H1B approval but my Visa is expired, not interested in applying for EAD or getting H1B visa stamp in India. I am planning to visit India.

My first qs is

Can i use advance parole to re-enter US along with this H1B approval or is it a must to have EAD along with AP to re-enter US.


My 2nd qs is

My passport has a validity of less than 6 months, do i need to renew the passport before applying for the Advance Parole
 
Hi gc2thimma

If you dont have EAD means you are on H1.
You havnt mentioned whether you have applied for 140/485/EAD / AP yet ..
If you havnt then you are on H1 status right now.

If you travel to India , then to get back into US you will need a valid Visa stamp on your passport. In this case H1B visa stamp.
when you apply for the visa (stamping) in India , the requirement is that your passport should be valid for atleast 6 month from your intended travel date.

How can you have an AP with out applying for 485 , as you can apply for EAD and AP on the basis of the fact that you have applied for adjustment of status , i.e 485.

Answer to your second question is : You need a receipt of 485 and the AP to reenter US.

But for some reason lets say you do have AP and Receipt of 485 application , that is more than sufficient then, to renter US ( you wont need a H1B visa stamp).

But first thing I would do is get my passport renewed..if you are not in the vacinity of NY city then you can always get it done by mail and usually it takes a week ...
Hope this help ...
NVC
 
Thanks NVC,

I have already filed for I140/485 concurrent sep-2003. No decision yet on either of the applications. As of now i have not filed for EAD/AP.

I will get my passport renewed immidiately. So as for as re-entering US is considered you are telling AP & I1485 receipt is enough. By using AP to re-enter US i am not jeopardising the H1 status right ??

After entering US with AP i can still work using H1B right ??
 
gc2thimma said:
Thanks NVC,

I have already filed for I140/485 concurrent sep-2003. No decision yet on either of the applications. As of now i have not filed for EAD/AP.

I will get my passport renewed immidiately. So as for as re-entering US is considered you are telling AP & I1485 receipt is enough. By using AP to re-enter US i am not jeopardising the H1 status right ??

After entering US with AP i can still work using H1B right ??
Click to expand...


You are right. AP is just a travel document. Unlike EAD using AP will not jeopardise your H-1B status.
 
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