AP General query

R

rahul_singh

Registered Users (C)
I am going to apply for 140/485 concurrent filing and have question regarding Advance Payroll.

1. If I will continue of H1 and my wife on H4, do we need AP for travel?

2. If I applied for EAD but I am not using EAD, do we need AP for travel?

3. I am working on EAD then I need AP for travel?

For spouse:

4. If she will continue on H4, does she need AP for travel?

5. If she has EAD but not using EAD, does she need AP for travel?

6. She is working on EAD then she needs AP for travel?

Thanks
Rahul
 
rahul_singh said:
I am going to apply for 140/485 concurrent filing and have question regarding Advance Payroll.

1. If I will continue of H1 and my wife on H4, do we need AP for travel?

2. If I applied for EAD but I am not using EAD, do we need AP for travel?

3. I am working on EAD then I need AP for travel?

For spouse:

4. If she will continue on H4, does she need AP for travel?

5. If she has EAD but not using EAD, does she need AP for travel?

6. She is working on EAD then she needs AP for travel?

Thanks
Rahul
Click to expand...

1. No. But you may need AP to re-enter USA if your 485 is approved.
2. No.
3. Yes if you do not intend to come back on H1b visa.
4. No.
5. No.
6. See 3.
 
Thanks for prompt response.

Q: If I am working on EAD (but my H1 visa on passport got expired), do AP is the only document we needed for entry in usa?

Does same ans hold true for spouse working on EAD and H4 expired?



Jharkhandi said:
1. No. But you may need AP to re-enter USA if your 485 is approved.
2. No.
3. Yes if you do not intend to come back on H1b visa.
4. No.
5. No.
6. See 3.
Click to expand...
 
rahul_singh said:
Thanks for prompt response.

Q: If I am working on EAD (but my H1 visa on passport got expired), do AP is the only document we needed for entry in usa?

Does same ans hold true for spouse working on EAD and H4 expired?
Click to expand...
Even when your visa is expired, you can always get it stamped from your home country ... you don't have to necessarily use AP.
But its definitely easier to use AP and not bother with visa stamping hassles ... esp since you retain H1B status anyways ;)
 
rahul_singh said:
1. If I will continue of H1 and my wife on H4, do we need AP for travel?

2. If I applied for EAD but I am not using EAD, do we need AP for travel?

3. I am working on EAD then I need AP for travel?

For spouse:

4. If she will continue on H4, does she need AP for travel?

5. If she has EAD but not using EAD, does she need AP for travel?

6. She is working on EAD then she needs AP for travel?
Click to expand...

for your reference I've pasted an extract on AP from USCIS website.

"Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US"
 
max2k1 said:
Even when your visa is expired, you can always get it stamped from your home country ... you don't have to necessarily use AP.
But its definitely easier to use AP and not bother with visa stamping hassles ... esp since you retain H1B status anyways ;)
Click to expand...

max2k1,

It is not clear to me, please help me understand this:

Assume my H1 visa on passport has expired but I've a valid H1 approval notice, then if reenter using AP, my H1B status is retained because I have a valid H1 approval. Did you mean this ?

Because my attorney told me something different. Your manner of entry controls your status in US. If you don't have a valid H1 stamp on your passport and use AP to reenter US, then that invalidates your H1 status, so you have to use EAD for your work no matter whether you've a valid H1 approval notice or not.
 
gc369 said:
max2k1,

It is not clear to me, please help me understand this:

Assume my H1 visa on passport has expired but I've a valid H1 approval notice, then if reenter using AP, my H1B status is retained because I have a valid H1 approval. Did you mean this ?

Because my attorney told me something different. Your manner of entry controls your status in US. If you don't have a valid H1 stamp on your passport and use AP to reenter US, then that invalidates your H1 status, so you have to use EAD for your work no matter whether you've a valid H1 approval notice or not.
Click to expand...
Your attorney is not correct in this regard. Using AP does NOT invalidate your H1 status if otherwise you are eligible for that status.

This is very clearly spelt out in the Cronin Memo. Your attorney should read this before commenting ;)

As long as you have a valid H1 approval and you are adhering to H1 terms of employment, entering using your AP does not invalidate it.
You don't need a H1 stamp to re-enter -- you can use AP and retain H1 status.
 
max2k1 said:
Your attorney is not correct in this regard. Using AP does NOT invalidate your H1 status if otherwise you are eligible for that status.

This is very clearly spelt out in the Cronin Memo. Your attorney should read this before commenting ;)

As long as you have a valid H1 approval and you are adhering to H1 terms of employment, entering using your AP does not invalidate it.
You don't need a H1 stamp to re-enter -- you can use AP and retain H1 status.
Click to expand...

Many thanks for the prompt response.
 
But that doesn't apply to this situation:
If one has a valid AP, applied for renewal and did not get it before leaving for overseas and renewed AP comes and the current AP expires while being abroad then:
1. it is not illegal to send the AP by mail from US to overseas
2. it is not illegal to leave for overseas before the renewal AP is approved (as long as the current AP has validity)

It is, for sure, illegal to apply AP while not in US

I have no proof to validate my points above but my lawyer told me that those points mentioned hold true.
 
It means that I can apply for AP without EAD and I donot need further H1 stamping on my passport.

When officer asked about papers then AP, latest approval notice and expired H1 of previous employer will works fine?

same for spouse who is on H4 - AP, latest H4 approval and expired H4 visa
---------------




max2k1 said:
Your attorney is not correct in this regard. Using AP does NOT invalidate your H1 status if otherwise you are eligible for that status.

This is very clearly spelt out in the Cronin Memo. Your attorney should read this before commenting ;)

As long as you have a valid H1 approval and you are adhering to H1 terms of employment, entering using your AP does not invalidate it.
You don't need a H1 stamp to re-enter -- you can use AP and retain H1 status.
Click to expand...
 
question for H4?

Ok- this has raised some questions for me- when reading this notice, it does not specify dependents on H4 visas are exempt from needing AP. It says that dependents who have applied for AOS and have valid H1-B status- does that mean that with a in status H1-B the holder is OK for travel, but the spouse needs AP whether they have EAD or not???

any comments???

"Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas,..."
 
rahul_singh said:
It means that I can apply for AP without EAD and I donot need further H1 stamping on my passport.

When officer asked about papers then AP, latest approval notice and expired H1 of previous employer will works fine?

same for spouse who is on H4 - AP, latest H4 approval and expired H4 visa
---------------
Click to expand...
I don't quite understand your question (or is it just ur observation ?) ... sorry

You can re-enter the US with AP -- after that you can continue working on H1 as normal.
You just need the AP and passport to re-enter ... obviously you don't need a valid H visa stamp.

Keep H paperwork ..... like the current petition, LCA etc ... show only if you are asked for it explicitly.
 
Thanks max2k1 for your ans. Does that hold good for H4 case also?
Just AP, passport (with expired h4) and current valid H4 petition?



max2k1 said:
I don't quite understand your question (or is it just ur observation ?) ... sorry

You can re-enter the US with AP -- after that you can continue working on H1 as normal.
You just need the AP and passport to re-enter ... obviously you don't need a valid H visa stamp.

Keep H paperwork ..... like the current petition, LCA etc ... show only if you are asked for it explicitly.
Click to expand...
 
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