Advance parole question

N

nina01

New Member
Please advise whether travel outside the US is OK under these circumstances. I have passed the 6 year limit on H1 and am currently in the 1 year extensions. I have filed for the 485 adjustment and have an advanced parole(AP). Haven\'t received the EAD as yet. My lastest visa expired last year. Now is it OK to travel outside the US with the AP?

Thanks for any feedback.
 
No Title

You should plan in such a way that you have your EAD by the time you come back. H-1b is no longer effective once you have used AP to enter the US.
 
nina01

Consult u\'r attorney or any attorney abt this, no one here is sure abt this and they will confuse u like hell.I am also in same boat, and I have been getting conflicting answers from every one including my attorney.Ofcourse my attorney is a Moron.
 
If h1 is valid...

If the 7th yr extension was approved based on AC21 (i.e. 485 or 140 is pending for more than a year) then you can still use H1. For non necessity of AP for H1 holders please see INS site\'s FAQ on Advance Parole.
It is true that if you start using AP you need EAD in order to work here. However if you had applied for h1 extension but have not received the approval yet, you can use AP to travel and then after coming back can continue to work on H1.

This assumption is based on the premise that i-9 is not sent to the INS and it is a document that the employer is supposed to have it ready in case INS asks for it. I-9 is the only document that tells other people (other than you) that you are on EAD or on H1.

Hope this gives additional info for you folks to decide what conditions apply to your specific case. Please do not go by generalized statements made everywhere...
 
I used AP

Hi there,
I have travelled using AP in much worse situation and nothing happened. At the port of entry (JFK in my case) they sent me to a smaller room, where they asked if I was adjusting my status through marriage or work. I replied work, and asked me the name of the company, I gave them the name.. she stamped on the AP, made copies for herself, and I was ready to go. That\'s it!
Guys, if you have an AP, don\'t worry.. there won\'t be any problem at all. Just go and have fun. You WILL be admitted back to the country. I was so much worried about coming back, that I was not able to enjoy my vacation in full potential, in one corner of my head this uncertainty was always bugging me, telling me "what if?". I don\'t want any of you guys to go through the same ordeal. Just go and enjoy.

On a separate note, it is not true that once you use AP, your H1 becomes invalid. If you use EAD then your H1 becomes invalid. You can use AP to travel and still be on H1B visa and choose not to apply for EAD.

Hope this helps.
 
Murthy\'s URL

This says nothing about travel with AP after the 6 year H1 limit. Waiting to hear from my attorney...
 
pls. let us know once you found out.

Hi.
Let us know what is your attorney said.

I am having h1(not applied EAD&AP), my dependents(h4, no AP), want to go to India, but, I am getting lot of different answers regarding which one to use while entering back. Should I use AP must, even though I have H1? or can I enter on h1/h4? Don\'t know.
Your attorney answer will give some good clue.

Thanks.
r2b.
 
H1 is H1 whether it is 6 th yr ot 7th yr

What is the purpose of getting the 7th yr extension? If you have a valid H1 stamp, you can use it. Period. I would like to know what other opinions are floating around about this..
 
The point is, on 7th year of H1, you can not get stamping. See the link int he previous post for mur

 
 
My own experience

I was on H1, without EAD, when I plan to have my vacation abroad.
Here is what I found before leaving:

(1) I called INS info line twice. They said to enter US, you only
need AP and valid passport. No EAD is required since after 485
filing, you are in status even if you lose your previous visa status.

(2) My attorney said you can use AP but still keep H1 status valid.
Before, when you leave the country during AOS time, you lose H1
status and have to use AP. She said now it\'s not the case anymore.
She suggested I bring AP, Passport, Employment letter, and 485 receipt
when go abroad.

(3) I went back to US on 1/12. At BOE, officer only asked for AP and
Passport, stamped it and let me go (Los Angeles). I do get new I-94
with AOS note on it. No EAD required.

(4) If you need more confidence, you can obtain interim EAD from
local INS office if your I765 has filed more than 90 days.

Hope that helps.
 
They asked my EAD

I travelled twice on AP after my second H-1 expired. One time, in NY they asked for my EAD. After I demonstrated it, I was let in. The second time, they did not ask for EAD. So, conclusion: EAD is nice to have, but not required for entry. Just follow the list of documents that csci485 outlined in the previous post. Good luck.
 
More...

Thanks for everybody who responded. my attorney\'s comments are in line with csci485. Another interesting point came up though...

Are the airline people, at any of the airports in India or a place like frankfurt or S\'pore etc where you change flights, familiar with the AP? Since they are used to seeing the Visa or the GC for the most part, if they don\'t know this as a valid travel document, could they not prevent you from boarding the flight? The AP says that there is no penalty for transporting an alien in possession of an AP. Any experience would be illuminating.
 
Travelling with AP...

I just got back yesterday travelling with AP. At my home country, the airline staff did not know what AP is and I had to wait for about 10 minutes until they validated the AP with their supervisor. So I guess it\'s ok even they are not familiar with it.

However, I did encounter a big problem with the immigration office at the airport (JFK, NY). I was put await for about 30 minutes without knowing the reason. Eventually they called me in and told me that they couldn\'t find my A# in their database system, and had to copy everything for varification later. Although I did make it back to states, I double-checked the A# with other documentations I have, and found that INS made a mistake to add one extra digit to my A#!

I never double-checked the A# on my AP cause I thought INS printed the AP through the computer system and it shouldn\'t have any mistake on it. Obviously I was wrong...
 
my understanding

My understanding is that:

(1) You lose your H1 status when the appeal was denied.
(2) If you file 485 before I-94 expiration, then you are in status. Otherwise, you need to user 245(i) and pay penalty. Did you file 485 before your H1 expired?
(3) When you get 485 receipt, then you are in legal AOS status. You can travel with AP even if you don\'t have H1 status (the purpose of AP is to keep you in AOS status when travelling). I think at BOE, INS only check if you have a pending 485 application. They don\'t even ask for H1 documents.

This is only my personal understanding, and I am not 100 percent sure about that. So please just take it as reference and consult an attorney before making any serious decision.
 
not quite sure

If you file normal I485, INS will check if you were in status during 485 adjustication time. Since you have expired I94 at the time of 485 filing, INS will most likely deny the AOS, and you have to file again using 245(i). I doubt you were in status during motion period, but I am not quite sure about that. You can call INS info line to find it out (I forgot the tel. #. It\'s not AVM phone number. You can search INS homepage to find info line number). If INS says you are in status during motion period, then make sure you have explained it and included relevant documents in your 485 application package. Otherwise, INS can only judge based on I-94.

Since you have already received 485 receipt, I think it\'s safe to claim that you have a pending 485 and in status of AOS. So I think it\'s ok to travel with AP. You will be able to reenter US since at BOE, officer use your A# to verify your AOS status and the record should show a pending 485, unless your 485 is denied while you are travelling.

Since I personally don\'t have similar experience in your situation, above comments are all based on my understanding. I strongly suggest you call INS to verify these comments, and also double-check with some attorneys (other than the one filed your 485). I know it\'s a critical decision to make, so please take extra precaution.
 
No Title

I have a vaild AP and H1 , Can i show H1Visa at my country(to ovoid confusion) and show AP at the Port of entry at US ??

Thanks,
Vishnu
 
You can safely travel on H1..

Even though your I-485 has been filed, you can by all means travel out of the country using H1B/H4 visa. Just make sure that you are carrying the following documents while travelling:
H1B holder\'s: Letter of employment and I-485 receipt(original)
H4 holders: Marriage certificate in case you are a spouse/Birth certificate in case of a child, I-485 receipts, and letter of employment from the current employer.

My family and I are planning to visit India, and this is what our attorney has advised us. Travelling doesnot affect the green card process in any way.
Cheers and enjoy

;
 
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