Advanced Parole

Q

qdotlu

Registered Users (C)
I am on H-1B now, and I've filed I-485 already. I am planning to travel abroad this august. Will applying AP and/or using AP on port of entry affect my H-1B status (I want to maintain my H-1B status)? Will immigrant officers check my current status and alter it if I use the AP in the port?

Thanks
-Qdot
 
Originally posted by qdotlu
I am on H-1B now, and I've filed I-485 already. I am planning to travel abroad this august. Will applying AP and/or using AP on port of entry affect my H-1B status (I want to maintain my H-1B status)? Will immigrant officers check my current status and alter it if I use the AP in the port?

Thanks
-Qdot
Click to expand...

140_takes_4ever is correct. Only using EAD invalidates H1B, not AP.
 
People, please, don't confuse things.

If you want to retain H-1B status, then you have to enter using H-1B. If you are planning to work for the same employer who has petitioned for the H-1B, then you can go ahead and enter using AP. But mind that the status will NOT be H-1B anymore. It will be Parolee. In this status, under certain conditions, you still can use H-1B as employment authorization to work. And to regain the H-1B status, you will have to exit the US and re-enter using the H-1B visa.

Status and entry document are two completely different things. Also, despite some wierd misconception, a person cannot hold two statuses concurrently.
 
I agree with 140_takes_4ever, OmGV. One of my colleagues is on H1B and used his AP for a trip abroad on job. I should mention though that he also had an EAD.
On the other hand he is using EAD for a part time job while working fultime on H1B. Not sure if this correct but, if it is "Working on EAD invalidates H1" would be wrong.
 
ThelastMile,

if it is indeed like you describe it, your colleague is breaking the law, and he can have my condolences. But, perhaps, you don't have all the information on your hands, so it is not as bad as it seems.

When a person starts using EAD for a second job, that person must switch his/her primary employment from H-1B to EAD, too. The H-1B becomes invalid and no longer can be used to re-enter the country or to seek employment (e.g. not transferable). This is the case when AP is required for travel abroad (as opposed the original post by qdotlu when AP is optional).
 
BitterMan,
I have talked to my colleague and he confirmed what I have written here to be his current state. Surprisingly, he had not contacted the law firm before taking the part time job. I asked him to ask them at least now. In any case even if his H1 becomes invalid, he already has a EAD. But one thing that is wrong is the fact that he provided 1-9 (providing evidence that he is eligible to work in US) to our employer last time based on H1 and it is still the one on record.
On an interesting note, he was not asked for either H1B or EAD at the port of entry after he submitted AP documents. Compare this with the experience of my wife who is currently not working: she had to provide her EAD also to clear her!
 
AP & H1/H4 are compatible

I have used AP, my H1/H4 extensions have been approved 2 times so far.
In fact i used my AP stamp to indicate last date of entry into the
country....

Usage of EAD on the other hand invalidates nonimmigrant status.

......
Atleast as per my lawyer. Otherwise i guess i am in trouble.
 
You must log in or register to reply here.
Top