AP -- Guidance needes

H

hmmmmm

Registered Users (C)
Following is what I read about Advance Parole at ImmiHelp.

Adjustment of status applicants whose have used EAD card because their 6 year limit on H/L visa has expired
or
by working for any other employer other than sponsoring employer are no longer in their non-immigrant status.
It allows them to travel abroad and return to the U.S. without a visa.

I understand 1st statement but its the 2nd sentence that really confuses me.

Now I am planning to switch job and going to transfer my H1 B and also file AC21. Though I have valid EAD, I am not using that as work authorization yet, rather still sticking to H1B.

My understanding was that since I will be maintaining valid H1B I do not need to apply for AP even though I transfer my H1B and join new employer. Please confirm?

Thanks in advance for your help.
 
The second statement is incomplete. It is meaning to say "by working on EAD for any other employer other than sponsoring employer are no longer in their non-immigrant status".

Since you will be mainting H1 status, you do not need to apply for AP. But as a general rule it is safer to have an AP, because that saves you the hassel and risk of getting an H1 stamp from a foreign consulate. Having an AP gives you that protection to reenter even if your H1 stamping is denied/delayed.

Bottomline is, you do not have to apply AP as you will be maintaning H1, but it is safer if you do.
 
Thanks Sentra

sertra2002 said:
The second statement is incomplete. It is meaning to say "by working on EAD for any other employer other than sponsoring employer are no longer in their non-immigrant status".

Since you will be mainting H1 status, you do not need to apply for AP. But as a general rule it is safer to have an AP, because that saves you the hassel and risk of getting an H1 stamp from a foreign consulate. Having an AP gives you that protection to reenter even if your H1 stamping is denied/delayed.

Bottomline is, you do not have to apply AP as you will be maintaning H1, but it is safer if you do.
Click to expand...


As you said, it is safer to apply for AP, I am gonna do the same. So from your advice I assume, once you have AP and even though you are working using H1B, you can still use AP to reenter US and no need of H1B stamping.
 
hmmmmm said:
As you said, it is safer to apply for AP, I am gonna do the same. So from your advice I assume, once you have AP and even though you are working using H1B, you can still use AP to reenter US and no need of H1B stamping.
Click to expand...
Yes - using AP for re-entry does not impact your H1 status in ANY way. Some mis-informed lawyers (gasp!) tell you that using AP means that you need to switch to EAD - not correct at all :)

Please see the Cronin Memo for details.

One more advantage of having an AP is this .... if your 485 gets approved while you are abroad, its safest to re-enter using AP - if you re-enter using H1 after approval, there might be some confusion/problems.
 
Thanks a lot guyz, it really helps.

max2k1 said:
Yes - using AP for re-entry does not impact your H1 status in ANY way. Some mis-informed lawyers (gasp!) tell you that using AP means that you need to switch to EAD - not correct at all :)

Please see the Cronin Memo for details.

One more advantage of having an AP is this .... if your 485 gets approved while you are abroad, its safest to re-enter using AP - if you re-enter using H1 after approval, there might be some confusion/problems.
Click to expand...

Appreciated ......
 
You must log in or register to reply here.
Top