advance parole

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honeyhappy

Registered Users (C)
Folks, I am currently on H1, and my 485 is pending from last one year. I have advance parole. Now if I go out of US and renter USA without showing advance parole what will happen:
1. Will I loose my H1 and has to automatically work on EAD.
2. Is it possible not to use advace parole since I am currently on H1
3. If question to 1 is yes, how can I save my H1 till 485 pending, for traveling out of USA.
Any suggestion will be greatly appereciated.

Honey
 
If your H1 is visa, you can come and go freely. If it's a work permit, apply for AP. Either way your 485 is good, unless you have illegally stayed, or from terrorist sponsoring countries.
 
Originally posted by honeyhappy
Folks, I am currently on H1, and my 485 is pending from last one year. I have advance parole. Now if I go out of US and renter USA without showing advance parole what will happen:
1. Will I loose my H1 and has to automatically work on EAD.
2. Is it possible not to use advace parole since I am currently on H1
3. If question to 1 is yes, how can I save my H1 till 485 pending, for traveling out of USA.
Any suggestion will be greatly appereciated.

Honey
Click to expand...

If you have a valid (not expired) H1 visa stamp on your passport, you are good. You don't have to carry/show AP for returning to US. H1 will be valid until your 485 is approved, as long as you renew it.
 
Thanks for the reply.
My atterony says if I goes out of USA and renenter I will loose nonimmigrant status (H1). I dont understand how it can happen unless there is some changes in rules recently. Let me explain my position more precisely. I was having EAD and advanec parole from last one year which is going to expire in Nov 2003. Since now I am planning to go out of USA and reenter, I want to take advance parole as well as EAD (though I am not using same) for next year, I am having H1 and has never used EAD or advance parole (I have not traveled since 485 pending), My H1 is valid till Dec 2004. With this scenerio Atterrony is saying if I goes out of Country and on my reentry (with 485 pedning) I will automatically loose nonimmigrant status? How I could not understand. Any one might like to give some clue. It is not atternoy mistake two atteronys have suggested same thing.
Any suggestion will be appereciated.
Honey
 
My attorney says if I goes out of USA and reenter I will loose nonimmigrant status (H1). I don’t understand how it can happen unless there is some changes in rules recently. Let me explain my position more precisely.
I was having EAD and advance parole from last one year, which is going to expire in Nov 2003.
Since now I am planning to go out of USA and reenter, I want to take advance parole as well as EAD (though I am not using same) for next year, I am having H1 and has never used EAD or advance parole (I have not traveled since 485 pending),
My H1 is valid till Dec 2004. With this scenario Atterrony is saying if I goes out of Country and on my reentry (with 485 pending) I will automatically loose nonimmigrant status?
How I could not understand. Any one might like to give some clue. It is not attorney mistake two attorneys have suggested same thing.
-----------------1You have H1 valid till December 2004(if Visa stamp is also in passport then very good you can enter with H1 visa)
2 you have not used EAD, it means you are maintaining H1 status
3 If you use AP to return to US you will be on H1 status with your employer (if don’t use EAD), as you have not used EAD. Just entering on AP does not invalidate your H1 status, after entering on AP one still can maintain h1 status and also can get H1 extension if needed in future. Both the attorneys are giving you wrong info, ask your fees back and read below and take the print out these INS/BCIS MEMO are still effective. Give the copy to your attorneys and ask the fees back as they gave you wrong info
4 Read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
 
Originally posted by honeyhappy
Thanks for the reply.
My atterony says if I goes out of USA and renenter I will loose nonimmigrant status (H1). I dont understand how it can happen unless there is some changes in rules recently. Let me explain my position more precisely. I was having EAD and advanec parole from last one year which is going to expire in Nov 2003. Since now I am planning to go out of USA and reenter, I want to take advance parole as well as EAD (though I am not using same) for next year, I am having H1 and has never used EAD or advance parole (I have not traveled since 485 pending), My H1 is valid till Dec 2004. With this scenerio Atterrony is saying if I goes out of Country and on my reentry (with 485 pedning) I will automatically loose nonimmigrant status? How I could not understand. Any one might like to give some clue. It is not atternoy mistake two atteronys have suggested same thing.
Any suggestion will be appereciated.
Honey
Click to expand...


ginnu is right, and your attorneys are wrong. Going out and reentering US on H1 WILL NOT effect nonimmigrant status. Your H1 will still be valid, tell them that H1 is a 'Dual intent' visa.
 
On a simillar post I had noted that two attorneys said that if you are on H1, but re-enter on AP, you will loose your H1 status (even if you have never worked on EAD)
and seems like honeyhappy's attorney is also making a smillar point

so this bring it to 3 attorneys - if they are right or wrong I don't know, but I would defenitely like to keep this count and see how many attorneys say that some of the points in http://www.murthy.com/UDnewins.html is true and how many attorney's says it is not.
 
if i understand honeyhappy correctly, he mentioned re-entering with a valid stamp H1 visa (not with AP), which should not affect the non-immigrant status while I485 is pending.
 
H1 - AP - Re entry into US on AP

Hi Guys,
I take my statement back. I talked to my attorney office (murthy's office) and they are saying that even if we use AP to come into US as we don't have h1 Visa stamped we can be on H1 status. But we need to work our H1 holding employer.
-------------------------
Ignore the below statement

It looks like only when there is a Valid H1 Visa stamp in passport and one enters into US then only a Person can still continue on H1 status if he hasn't used his/her EAD and AP.
OR having a Approved H1 but not yet stamped/entended H1 Visa in passport and one enters US with Ap, then he/she can't use or continue on H1.

Is this correct or not.
 
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With my understanding from the above links ( http://www.murthy.com/UDnewins.html ),

If one is on H/L status ( without a Visa ) and uses AP to re-enter , then can still continue to be on H/L as long as they work for the same sponsoring employer. You only lose your H/L statul only if you EAD to work for another company. Even after using AP , you can extend you H beyond 6 yr limit (that's what I did)

To be on safe side check with an immi lawyer.
 
According to my lawyer, if you use your AP to enter in US then your status becomes Adjustee/Parolee and you are no longer on H1 status . Then you need EAD to work if dont have EAD then you can not work even if you have a valid H1 . So if you decide to use AP to enter US make sure you have EAD to work .Otherwise use your H1 VISA to enter the US.
Hope this helps.
 
AP for H1 holders

If you look at the I-485 application. There is an exception mentioned for H and L visa holders. As per that if I understand correctly H1 guys dont even need an AP. My attorney thinks that way too but you may want to check with someone else. Also download the I-485 application form and look under the instructions. I think it is on the top part of Page 3.
 
My understanding is that if a person is travelling on AP can comeback into the US with out any problem even with a expired H1 stamping on the passport and the status remains H1 only. If the person attempts to get stamping in their country and gets rejected - is only one case where the H1 gets invalidated and the person needs to get EAD to work.He can get the passport revalidated in US after coming back on AP, provided it doesnt expire ten month limit.
Gurus, please correct me if I am wrong.
 
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