AP approved, never received - options?

A

Arch

Registered Users (C)
Though my Advance Parole was approved back in October, I never received it. My lawyer sent a fax inquiry to INS and I don\'t think they ever got a reply. I was told that I can file for another AP if I want. My EAD was approved in December and I received it. But my lawyer said it\'s better if I continue on H1 since I don\'t have AP and being on H1 will enable me to re-enter the country.

My question is about re-entry into the country once I move to EAD. Will
my H1 be still valid even if I am working on EAD? Will the 485 receipt
be enough for me to re-enter the country once I start working on work
permit? I asked my lawyer and I didn\'t get a clear answer, other than
that, you have H1 for another 10 months, so you are okay. Am I better
of getting another AP?

Since there are layoffs happening all the time, I would like to be able to move on to EAD in future and want to know what my options are for reentering the country, if I have to go home due to any emergency.

Any input will be appreciated.

Thanks a lot.
Arch
 
Get AP if you are planning to use EAD

Once you use EAD card, even for an hour, your status changes to AOS and your H1B status ceases to exist. If you are worried about lay-offs and/ or plan to use EAD, you must get AP in case you need to travel out of country. Once your status changes to AOS, you MIGHT be required to use AP to re-enter this country.
Ask your questions with lawyer clearly. You must know what you are looking at and communicate that properly. Most of the times, immigrants with communication problem blames on lawyer, etc.
Take Care.
 
My lawyer says law is not clear!

I spoke to my lawyer and I get the impression that they really don\'t know how to deal with being on EAD without AP. I asked again and again and they say "your H1 is valid for a long time". Don\'t worry.
Or, they say "we can apply for your AP again". I don\'t know if my manager would pay for another AP application!

Thanks.
 
Technically "dual status" is incorrect

>You can maintain dual status
>You could have H1 and 485

Technically you can\'t have dual status. You have H1B as your status, which ceases to exist once you use your EAD card. You could either be on H1B or AOS, but never both. AOS is your fall-back status in case you are on H1B.
I am not a lawyer and this is not a professional advise.
Please note that H1B is an non-immigrant visa and AOS is adjustment of status to legal permanent resident.
2 cents.
 
This is what I heard

Moving to EAD doesn\'t mean the H1 is cancelled. In fact, the move from EAD to H1 is known only to the company and INS won\'t know about the status change unless the company informs INS about that. Even if one is on EAD, they can still travel with 485 receipt and H1 visa papers. It\'s better to have AP.

Not sure how much of it is rite though
 
To Arch

rsrgc - a question
Posted By: Arch 2/5/02 6:09 PM
(#4 of 6)
Hey,
Thanks for the input. Is 485 receipt not enough for re-entry
once I start working on EAD? I definitely need to have an AP?

Just wanted to be clear.

Thanks again.

------------------

485 receipt is not enough for entry at port
You need to have AP or valid H1

I have read a lot of messages saying that it is one thing to have EAD
but another to use EAD
I do not know the mechanism of how INS is aware of us having EAD and using versus having EAD and not using EAD

My attorney suggested applying for EAD and AP and the cost of doing so was between 200 - 400 per person and hence we went ahead

having AP does not mean that I am going to travel - it is just for an emergency situation

Hope this answers ur questions
 
You can\'t maintain H1 and use EAD the same time

You can keep EAD as long as you don\'t use it. Once you start on EAD, H1 will be invalid immediately. It can not be retroverted. And INS will surely know about it. You can come back on AP either with H1 or EAD. But Only with AP can you be back if you are working on EAD. Some H1 has multiple entry. I traveled a couple of weeks ago on H1 (not multiple entry) and AP. There was no problem. Good luck!
 
Do you mean H1B visa or H1B status?

H1B status and H1B visa are two different. Don\'t mix those two. You require a H1B visa to enter the country, while your H1B status is valid until what is written on your I-94. Once, you enter this country, you can legally live here even after your H1B visa expires, but *not* after expiration of your H1B status (assuming you have not applied for extension or change of status or switching to other non-immigrant status). Probably, your lawyer means about the H1B visa, but surely your H1B status ceases to exist. If the lawyer means that you can maintain your H1B status (immediately) after using EAD, I would fire this attorney with no second thoughts. Please follow this hyperlink to get more information.
http://www.murthy.com/485faq.html#10

Search other sites yourself, other than relying on your lawyer or on a single forum !
Hope this helps!!
Take Care !!!
 
excerpt from murthy.com

Question 10. Does the EAD void the H1B? TOP

An H1B nonimmigrant has the option of applying for an EAD. However, if the person then uses the EAD to work for another employer, s/he will not be maintaining the H1B status.

----------------------------------------
murthy talks about using ead for another employer
what about using ead with same employer ?
 
excerpt from murthy.com

Question 4. What is a travel document and do I need it? TOP

A travel document (Advance Parole) permits a person to travel outside of the U.S. while the adjustment application is pending. It is necessary if one needs to travel during the pendency of the adjustment application and does not have another status on which to reenter the U.S., namely H1B, H-4, L-1 or L-2. However, the prior doctrine that leaving the U.S. while the adjustment application is pending could be considered abandonment of the application unless advance parole is received prior to traveling, is no longer valid for Hs and Ls. Since June 1999, the person can travel and reenter the U.S. on H or L status by showing both the visa stamp in the passport and the petition approval, without the need to file an Advance Parole any longer. For a person in any other status (besides H1B, H4, L1 or L2), leaving the U.S. while the adjustment application is pending would still be considered an abandonment of the application unless advance parole is received prior to traveling.

Please note that a person who is out of status may be advised not to travel abroad until the Adjustment is approved. A person who has overstayed 180 days and then travels abroad would not be readmitted for 3 years, while for a 1-year overstay there is a 10-year bar on reentry. The advance parole document would not protect a person in this situation, and in fact the document since 2000 contains a specific warning about the 3-year and 10-year bars. You should seek specific advice of an attorney on that point if there is a possibility that this may apply to you.
 
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