Do I need Advance Parole ????

V

vsv9292

Registered Users (C)
Folks,

My wife has applied for Green Card and we filed our AP/EAD/485 in June 2003 (no approval for AP/EAD has been received till date). My H-1B visa is expiring next year in September 2004. I am planning to go to Canada in coming 15 days or so for a week. Do I need to have AP to re-enter the US ????? I am thinking that since I have a valid H1B stamped,I should not run into any trouble, But thought that I will run it by you.

Regards......
 
Originally posted by vsv9292
I am thinking that since I have a valid H1B stamped,I should not run into any trouble, But thought that I will run it by you.
Click to expand...

If you have a valid H-1B visa stamp and you haven't used your EAD or anything else to violate your H-1B status, you should have no problems re-entering on the H-1B.
 
In case one uses AP for travel though in H-1 status (I-485 pending, no EAD) but not stamped in the passport, does he still maintain H-1 status. If the answer is one can still be in H-1 status (despite usin AP to reenter) why take the hassles of getting the passport stamped in the first place (I'm talking about those who have a valid H-1 approval notice but no stamp in the passport)
 
You better check with your attorney.

I was under the impression that as soon as you have filed I-485 you cannot leave the country without the AP. If you do, you abandon the the entire application for permant residency.
 
As long as you have a valid visa stamp on your passport you don't need to use the AP.

The only way you let go of your H1 status is by -
1. Using EAD to work elsewhere
2. If your H1 stamp expired and you used AP to get back into US. (This is possible in case you don't apply for an extension of H1)


This is what my lawyer told me.. Also, even though you are on H1B your spouse can use the EAD to work. In this case your spouse is no longer considered to be on H4 she would have to use AP to get into the US when ever required.
 
Originally posted by vsv9292
Folks,

My wife has applied for Green Card and we filed our AP/EAD/485 in June 2003 (no approval for AP/EAD has been received till date). My H-1B visa is expiring next year in September 2004. I am planning to go to Canada in coming 15 days or so for a week. Do I need to have AP to re-enter the US ????? I am thinking that since I have a valid H1B stamped,I should not run into any trouble, But thought that I will run it by you.

Regards......
Click to expand...

I have first hand experience. I went to Canada for a short visit while my 485 is pedning and I have a valid H1B. While you enter Canada, you DO NOT have to surrender your I94. So, you just enter back based on your I94 already attached to your passport. The Canadian Immigration does not take the I94 out. If they do by mistake, ask them to return it to you. If you get one of the crazy ones, then just get a new I94 while entering back. There is a caveat though, you might need an AP if your 485 gets approved while you are out of the country. If you do not expect your 485 approval while you are gone, you should be fine. Hope this helps.
 
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