Do we really need AP, with Valid H4 ? ( URGENT Please Respond)

G

GC_Stuck

Registered Users (C)
I have Valid H1 Visa till 2005 and my wife is also having Valid H4 Visa, Due to some emergency my wife needs to travel abroad. We both have EAD , but never Used. Do we need to get AP to go abroad ? Please Respond ASAP .

Thanks in Advance..
:confused:
 
Thankx badobo,

Lot of people arround me are confusing me about the AP and EAD concept. I appreciate your response.

Are there any more Suggestions from the GURU's , please respond..

Thanks Again..
 
The following is taken from the site:
http://www.bcis.gov/graphics/publicaffairs/advisories/advisory.htm
Read the Note in the Answer.

Q2. Who needs Advance Parole?

A2. Aliens in the United States who have an emergent personal or bona fide reason to travel temporarily abroad and who have:

An application for adjustment of status pending;
Been granted benefits under the Family Unity Program;
Been granted Temporary Protected Status; or
An asylum application pending.

Note: Aliens holding valid H-1 (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visas and their dependants who have filed for adjustment of status do not have to file for Advance Parole as long as they maintain their non-immigrant status.
 
Bodobo,

The URL you gave me is really Good, this takes me out of :confused: State ...Now I am really :cool:

Thanks
 
If your H1 is valid, and you work for the H1 sponsoring employer and haven't yet used your EAD, then you don't need an AP.
H1 would do to re-enter

If your H1 is valid, and you work for the H1 sponsoring employer and haven't yet used your EAD, and if your wife hasn't used her EAD either, then she does not need an AP. H4 would do to re-enter.

Using your EAD voids your H1, which case you need an AP
Using your EAD voids your H1,H4 which case both need an AP
Using her EAD voids her H4, which case she needs an AP

Hope this helps.
 
Originally posted by vijayrc
If your H1 is valid, and you work for the H1 sponsoring employer and haven't yet used your EAD, then you don't need an AP.
H1 would do to re-enter

If your H1 is valid, and you work for the H1 sponsoring employer and haven't yet used your EAD, and if your wife hasn't used her EAD either, then she does not need an AP. H4 would do to re-enter.

Using your EAD voids your H1, which case you need an AP
Using your EAD voids your H1,H4 which case both need an AP
Using her EAD voids her H4, which case she needs an AP

Hope this helps.
Click to expand...

Vijayrc, thanks for the info. I am in a similiar situation and have a follwup question or two.

You say that using the EAD voids the H1, but does using the AP void the H1 as well?

I have a valid H1 and work for the H1 sponsoring employer, BUT the stamp in my passport has expired and hence I was thinking of using the AP. However if it means that my H1 is not valid anymore I may consider going to the consulate to get a new H1 stamp (as painful a process as it is).

Thanks.
 
Vijayrc, thanks for the info. I am in a similiar situation as girimm.

Can I even apply for AP without EAD? It looks like the answer is No. Then can I apply for an EAD and get the AP even though I might have a valid H1. I will never use the EAD as my company relies only on H1s.

I am also hearing that you neither need a AP nor a H1 visa as long as you have I5485 receipt. Is that true?
 
girimm
Using AP does not invalidate ur H1. Using AP should be ok, as long as u are working for the same company - have not used AC21 portability.

lcwait,
1. U can apply for AP, even if u have not applied for EAD.
2. U CANNOT enter US, using ur 485 receipt.
3. U need either AP or a valid H1 stamp in the passport, to enter US.
4. Even if u dont use EAD, it is good to apply and have the card in hand.
 
“Using her EAD voids her H4, which case she needs an AP”
--- But if she has valid H4 Visa stamped in passport, she can enter also with H4 visa in H4 status and will get I-94 based on H4 Visa sticker even if she used EAD in past
 
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