Advance Parole

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Hi there,

Wanted to know if anyone had any problem while travelling on AP. If yes, please post your incident.

Thanks in Advance
 
I recently travelled on AP and i did not have a problem except one thing. I now feel that i shouldn't have used it because my H1B is still valid. They gave me I-94 which says my status is AOS (Adjustment of status). So technicaly i am not on H1B as per I-94.

So if plan to work for the same employer and do not intend to use your EAD then use your H1B to get in instead of AP.
 
SuhasSutar said:
I recently travelled on AP and i did not have a problem except one thing. I now feel that i shouldn't have used it because my H1B is still valid. They gave me I-94 which says my status is AOS (Adjustment of status). So technicaly i am not on H1B as per I-94.

So if plan to work for the same employer and do not intend to use your EAD then use your H1B to get in instead of AP.
Click to expand...

Check with another attorney in the minimum. If the immigration officer made a mistake (he should have written H1B on the I-94), you are not at fault. This can be contested. No point being on EAD unless you have I-140 approved. There are risks in terms of losing your status in the event of a denial. Good luck.
 
Does it mean

Could we show our H1B and AP to the immigration officer at Port Of entry and ask him to issue I-94 on H1B while entering using AP? IS this possible ??
 
My lawyer told me that i shouldn't have used AP unless asked for because my H1 is still valid. The law says that you do not even need AP if your H1 is valid and I-485 is pending.
 
this is true- we have valid H1-B's (or we did before they expired) and have never had AP because we intended to stay with sponsoring employer etc. You can choose to use either AP or valid H1-B.
I think there is a thread about the pro's and cons of AP vs H1-B, as I understand it, people can choose to use AP as this then Stalls their H1-B status and can allow for substitution etc if anything goes wrong with AOS.
 
Just an update on my situation explied earlier.

I visited the local USCIS office and got new I-94s based my H1B. There was not a problem.
 
Hi, I am planning to go to india on AP. My H1B has expired. My question is at the ticket counter (in India) and at the immigration counter when you show your AP do they know anything about this document. Usually they are used to seeing Stamped US visa on Passport. Did you face any problem. Did you have to explain them.
Thanks
 
The folks at the counter do know about the AP. It should not be a problem.
Also if you intend to be on H1-B using AP then at the POE give the officer the AP and your H1-B approval notice and say that you want to be paroled in as H1-B instead of AOS. Then they will issue the I-94 till the validity of the H1-B approval notice.

HTH
 
Thanks hathwar,
My H1B 8th year extension is under renewal. So looks like by in march it will be renewed. In the mean time i would like to travel on AP. Were you asked any Q/A at the immigration counter in India or here.
Thanks
 
No questions in India. The officer at POE in Detroit understood when I showed him my H1-B notice of approval and gave me the I-94 with H1-B on it
D/S was till the validity of the approval notice I showed him.
 
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