AP question

[needap]

Hi,

I'm currently on a H1B status, which is going to expire in August, 2005. My H1B visa has expired on march 2003 and I haven't travelled out of USA since then. I have my I-485 pending (vermont service center) and I received my EAD a few days back. I continue to work on my H1B and am not planning to use my EAD (planning to extend my H1B into 7th year). I want to apply for Advance Parole, and I've the following questions -

Can I use my AP, though I'm working on a H1B (note that my visa has expired) ?

Thanks much,

 

[max2k1]

Hi,

I'm currently on a H1B status, which is going to expire in August, 2005. My H1B visa has expired on march 2003 and I haven't travelled out of USA since then. I have my I-485 pending (vermont service center) and I received my EAD a few days back. I continue to work on my H1B and am not planning to use my EAD (planning to extend my H1B into 7th year). I want to apply for Advance Parole, and I've the following questions -

Can I use my AP, though I'm working on a H1B (note that my visa has expired) ?

Thanks much,

YES -- you can use AP for re-entry into the US - this does not impact the H status in any way.
You can continue to work for the H1 employer after you return using AP .... no issues at all.

Please see the Cronin Memo

 

[needap]

Thanks much, max2k1 !

This means I can go out of USA using my AP and come back and continue to work on my H1, without any effect on my greencard process. Could you let me know if this is correct....

 

[max2k1]

Thanks much, max2k1 !

This means I can go out of USA using my AP and come back and continue to work on my H1, without any effect on my greencard process. Could you let me know if this is correct....

Yes

 

[needap]

Thanks again, max2k1 !