Advance Parole Question

B

bangloreboy

Registered Users (C)
Gurus Pl help me

Though I have EAD but still working on H1B (Six years valid until
Dec 2003). My visa stamp in passport is also valid upto dec 2003
and working for the same company sponsored my GC.

Now do I need to obtain AP to visit India in July 2003?

My wife is not working though she got EAD. Do I need to obtain
AP for my wife and children?

Thanks in advance
 
No need for AP

You dont need AP when you have a valid visa. You may consider applying for AP after October 2003 if you are not considering extending your H1B.

For your wife, if her H4 visa is also valid during the time of travel, she also does not require AP.
 
GodHelpUsGC is very much correct.

You need AP only if ur not working for GC sponser employer and working on EAD with new employer. Rules goes same for ur wife and kids too..
 
bangloreboy,

Addendum to what GodHelpUsGC has posted... You don't need AP as long as you won't get approved while you are in India.

Me and my wife have valid H1/H4 till September 2003. We both have EADs but haven't used them yet. Per my lawyer, once I-485 is approved, H1/H4 becomes invalid and one needs AP to re-enter thereafter. I had to postpond my trip as I don't have AP and expecting my approval anytime.

Hope this helps.
 
If your 485 gets approved when you are out of the country using H1/H4 at the time of rentry officer will let you in and send you to deffered inspection at local INS office where you have to report in some time frame. Same is Vaild for AP also if you get approved while you r out of country.


This what i know of , u might wanna check with some good lawyer other then ur lawyer.
 
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