AP or H1B. Urgent

1

140seekerJune

Registered Users (C)
I want to go to India urgent. My H1B expires only in 2004. I have a stamping on passport. I filed 485 papers in 2002 August.
 
Per Murhty.com :

- If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.


In general, for a person with a pending I-485 to travel, it is necessary to first obtain a travel document known as an advance parole document. If the person is maintaining valid H1, L1, H4 or L2 status, s/he can choose to instead use a valid visa stamp to travel, as opposed to obtaining the advance parole document.

Hope this helps you.

Dear
 
Assuming your passport stamping date also shows 2004, you can travel on your H1 and won't need AP. Of course you need to come back while your visa stamp is still valid.

rgds,
sadiq
 
I went to India without AP while my I-485 was pending and came back with my valid H1-B VISA in June 2002.
 
No. You do not need to have AP if you plan to come back to USA before the H1 visa stamping expires.

Don't worry. My wife came back on H1 visa while she had AP and they did not ask about AP.
 
A related question , if anyone can please answer

What if you don't have the H1B stamping on the passport(my wife's case) & she does have AP document(from my 485 process)

In this case can she travel , with the AP & show her H1-B papers on re-entry

Thanks in Advance,
 
When one has AP and does not have the H1-B VISA stamping in one's passport, then it is not required to bother about H1-B papers at all. They will ask one's AP only.
 
She can still travel on her H-1B. However as the H-1B is not stamped (a visa has not been provided by an overseas consular post on the basis of an approved H-1B petition), she will still be required to approach a consulate to secure the re-entry visa before she can be admitted to the US.

The process of approaching a consulate for obtaining the necessary visa in most cases used to be a formality in the past as H-1B holders are allowed to have 'dual intent' by statute, which practically eliminated the grounds for denial of a visa by a consulate. However, these days the process has been made subject to a considerable amount of discretion by the consular officer, ostensibly for security reasons. So it is no longer a given that one can quickly obtain a visa by showing an H-1B approval.

All of the above is somewhat moot as she already has been paroled for reentry. Do you see an advantage in not using the parole? Are you concerned that if she reenters the US on the basis of her parole, she will be considered to have switched to a EAD based work status from her current H-1B status? I do not believe that her work status changes automatically because she used her AP.

It would be interesting to know where your query is coming from?
 
Your wife can not enter in USA by just showing the H1-B papers, she has to have H1-B visa stamped on her passport.

I would suggest that she carry her AP when she leaves this country. She should try to get H1-B visa in her home country and use H1-B visa if it is granted. By merely using AP she wont loose her H1 status until she uses EAD during 485 stage.
 
Reply to Sankrityayan

Well, I was not sure whether one could use an AP for travel while being on valid H-1 status(with passport not stamped with the actual H1 visa)

Also, at the port of entry , do the Immigration officers look only at AP(if you have one as in my wife's case) or will they ask Q's regarding her work status i.e whether using EAD or H-1B & will they wanna look at her H1/EAD papers.

In this case, does she have to convert to EAD status(currently she is using her H1) for safety or does it not matter since she has an AP.

Thanks!
 
zapper2002

BCIS office will not ask your wife about her work status. Advance Parole is a document which allows individuals to retrun to USA while 485 case is pending.

By just using AP does not mean that your wife will have to use EAD to continue working as long as she has valid H1 papers.
 
How about when check-in at airline counter

Do I just show the AP or Do I have to summit the I-94 card? and When coming back, are they gonna issue a new I-94 card beside the stamp on AP?

Thanks guys!
 
You have to give your original I-94 at airline counter when you are leaving USA. While coming to USA you have to fill I-94 card and BCIS officer will stamp on your Advance Parole and I-94 as "adjustment of status".
 
I have a valid H1 stamped on my passport till 2004. I did not apply for AP. I am still working for the original employer and working on H1. I had to do an urgent travel to India on H1.
On re-entry (Apr 29) no questions asked. May be on that day my stars were unusually good. (In general my luck never supports me).
I carried recent paystubs, 1040 copies, recent employement validation from employer and for cautious purpose I asked my attorney to fax me the memoranda given by INS/BCIS that say one can travel on H1.

If you have applied for AP, better carry them.
If you are working on EAD, better carry AP.
Good luck, Keep good health, do not get caught with cold or any kind of fever. Simple cold and fever can also be mistaken
 
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