Do I need to use my EAD on travel if I use Advance Parole.

mathapachchi

Registered Users (C)
Hi,

I have filed for concurrent I-485,I-140, EAD and Advance Parole for myself and my wife. And we are planning to visit to India as soon as I receive my EAD and Advance Parole. I have following questions. Please advice.

1. My H1 will expire in 2005. So I don't want to use my EAD till that time. But do I need to use my EAD if I use my Advance Parole to visit India.
2. My wife came to USA on H4 status. But her status changed to H1 recently. So her H1 is not yet stamped. So does she need to stamp her H1 even though she will have Advance Parole while coming back from India. Does she also need to use her EAD to travel on Advance Parole.
3. Is it risky to travel on Advance Parole. Which documents should we carry with us while travelling on Adavance Paole.

Please advice. Thanks a lot for your time and help.
 
I have filed for concurrent I-485, I-140, EAD and Advance Parole for myself and my wife. And we are planning to visit to India as soon as I receive my EAD and Advance Parole. I have following questions. Please advice.

1. My H1 will expire in 2005. So I don't want to use my EAD till that time. But do I need to use my EAD if I use my Advance Parole to visit India.
---- NO, you can use AP and still be on H1 status if you continue working with the employer who filed your latest H1 and can also extend H1 in future, you are not forced to use EAD if enter on AP (I hope you don’t have H1b visa stamp and scared to get H1b visa stamp from India)
2. My wife came to USA on H4 status. But her status changed to H1 recently. So her H1 is not yet stamped. So does she need to stamp her H1 even though she will have Advance Parole while coming back from India?
---- she can get H1B visa stamp or can enter on AP
Does she also need to use her EAD to travel on Advance Parole.
--- NO
3. Is it risky to travel on Advance Parole? Which documents should we carry with us while traveling on Advance Parole?.
----- all original copies of your AP and I-485 filing receipts
 
Hi Ginnu:

I got a quick follow up question here...

With reference to your answer to the question:

3. Is it risky to travel on Advance Parole? Which documents should we carry with us while traveling on Advance Parole?.

----- all original copies of your AP and I-485 filing receipts


When you say..
I-485 filing receipts do you mean EAD receipt and I-140 receipt as well or JUST the I-485 receipt for all applicants?

TIA
 
When you say..
I-485 filing receipts do you mean EAD receipt and I-140 receipt as well or JUST the I-485 receipt for all applicants?

------------ Only I-485 filing receipt (normally they don’t ask for it at POE but if they ask show the pending I-485 receipt

** Everyone who wants to enters on AP should take his I-485 filing receipt AND all the Original AP copies
 
EAD card may be needed too...

I just came back at San Francisco (31 Dec, 2003) on AP and the immigration officer at the secondary inspection counter asked me for EAD, not even 485 receipt!

Anyway, I took
1. AP originals and photocopies
2. EAD card
3. 485 Receipt
4. Marriage certificate copy (for my wife)
5. I140 approval notice (who knows if they demand it.. :) )

better be prepared than sorry...
 
What kind of status will someone end up with if he/she comes back with a unstamped H1(renewed and approved i94) and AP, and continues to work with the same employer?
 
Originally posted by lkianbe
What kind of status will someone end up with if he/she comes back with a unstamped H1(renewed and approved i94) and AP, and continues to work with the same employer?
You mean someone uses AP and avoids H1 stamping.
I am also curious to know.
 
Another follow-up question

My lawyer has the original 485 receipt. I have only a copy. Of course I do have the EAD and AP originals. Would that suffice? Has anyone traveled with a copy of the 485 receipt?

Thanks in advance.
 
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