Advance parole use will it cancel H1?

R

RM2002

Registered Users (C)
Can you use Advance parole to travel outside US while you still continue job on H1B (my H1 valid until 2005, but visa stamp expired) If I use Advance Parole will that cancel my H1 status?

If I revalidate H1 and travel outside what happens if my 485 gets approved while I will be outside US?
Your comments will be appreciated
485 RD: 11/20/01
 
Last edited by a moderator:
lahari2

lahari2
Thanks for your reply and also for sending the link. It has all the necessary information. Thanks again
 
Guys, I am in the same boat as RM2002. My H1 is valid until 2005, but visa expired. I know that site (link given by lahari2) says that it’s ok to travel on AP and as long as we go back to work for the same employer, H1 will still be valid. But that’s the ONLY site that says so. I did not find that information anywhere else. Not even on the INS’s site. Also, from what ever I have read on this forum, it looks to me like we would loose out H1 status if we traveled on AP. At least that’s what every one seems to be saying. So I am a bit skeptical. I am not sure what to believe and what not.

Do any of you guys have any other source for this information?
I would really appreciate any suggestions / comments / advice.
Thanks
 
I agree with RD2426. The site is the only one says so. My suggestion is that trying to use your H-1B to re-enter and take your AP with you. In case something goes wrong with H-1B entry, you can then use AP to enter. Try to avoid using AP as well as EAD. I remembered there was some discussion on this board some time ago regarding if using AP will trigger RFE or even the case transfer to local INS which will cause unnecessary delay on your approval.

From the old posts I read, if your case is approved while you are abroad, the officer will stamp you passport with I-551 at POE(Port Of Entry). I am not sure how they will know you are approved. But you can always enter the country using H-1B or AP and get the stamp at local INS.

Just my 2 cents, not legal advice.
 
Thanks!!

Hi compaqdb,

Thanks so much - Your response had a lot of clarity and I personally think that it is the best way to avoid any complications.... Will check with the attorney and let everyone know.

Thanks.
 
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