EAD & AP - TRAVEL QUESTION

M

munna_mbbs

Registered Users (C)
Hi all,

My EAD is valid until Dec 30 2004 and my AP is valid until Jan 15 2005. I will be traveling to India on Dec 2 2004 and return on Jan 5 2005. In a few weeks I will be applying for the EAD renewal. My question is can I re-enter US on my valid AP and expired EAD (assuming that 2nd EAD is in process).

Thanks
 
Yes you may enter with a Valid Advance Parole, with or without an EAD.
EAD doesnt matter for entry.
 
Will AP void my H1-B status?

I am currently on H1-B, has applied concurrent I140/I485, is waiting for AP and EAD. I plan to use AP to travel abroad and come back to US. Some people told me that coming back with AP will void my H1-B status, is it true? Then what status am I in? My I140 is not approved yet.

Thanks for helping!
 
fight4gc said:
I am currently on H1-B, has applied concurrent I140/I485, is waiting for AP and EAD. I plan to use AP to travel abroad and come back to US. Some people told me that coming back with AP will void my H1-B status, is it true?
---not true, if you use AP and after use of AP you are still working with the employer who filed your latest H1 then you are on H1 and can also file H1 extension
Then what status am I in?
---- till the date you maintain H1 your status is H1 and AOS pending
My I140 is not approved yet.
for more info about H1 AP read below:
H1, AP

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
Thanks for helping!
Click to expand...
 
ginnu,

Thank you very much! It helps a lot!

So I only need AP and passport to re-enter US, or I need to present other documents such as H1, employment verification, paycheck...

At the port of entry, I heard there are 2 different lines to be inspected by different officier, one for immigrant, one for non-immigrant. Do you know which line I belong to
?

Thanks again!
 
fight4gc said:
ginnu,

Thank you very much! It helps a lot!

So I only need AP and passport to re-enter US, or I need to present other documents such as H1, employment verification, paycheck...

At the port of entry, I heard there are 2 different lines to be inspected by different officier, one for immigrant, one for non-immigrant. Do you know which line I belong to
?

Thanks again!
Click to expand...
Till you get LPR status, you are NOT an immigrant.

So non-immigrant it is :)

Also better to carry all H1 related docs - what's the harm in it?
 
Spouse travelling on husband's AP

What happens if the spouse is on her own valid H1 but travels on the husband's AP? Can she still continue to work on her H1 after coming back?
 
kat78758 said:
What happens if the spouse is on her own valid H1 but travels on the husband's AP? Can she still continue to work on her H1 after coming back?
Click to expand...
What do you mean by "husband's AP" ??

Each person would need to have their own AP .... its similar to having your own H1/H4 visa - even thought H4 is linked to your spouse's H1, you still need a separate visa stamp.

And yeah - merely the fact that someone entered using AP does not make their H1 invalid.
 
AP Travel with H1B / H4

Hi,
I am in a similar situation, I have applied for my I140/I485 concurrent (still pending) and I have approved EAD (valid till 19th Nov 2004 ) / AP (valid till 9th Jan 2004). I have approved H1B for 7th year extension, but the H1 visa has expired in April 2004. I do not want to go through the hassel of revalidating the visa from India, as they have discontinued processing it from DOS.
My wife has a aprroved H4/AP/EAD (same dates like mine) and I heard that after using the AP to travel she will loose her H4 status.
What status she would be in ?
Will she be able travel again in case of urgency ?

Also very importantly, what documents should I carry to make life easy at the port of entry ?
Please share your experiences for travel on AP.

Apprieciate all your help.
 
Arizona_heat said:
Hi,
I am in a similar situation, I have applied for my I140/I485 concurrent (still pending) and I have approved EAD (valid till 19th Nov 2004 ) / AP (valid till 9th Jan 2004). I have approved H1B for 7th year extension, but the H1 visa has expired in April 2004. I do not want to go through the hassel of revalidating the visa from India, as they have discontinued processing it from DOS.
My wife has a aprroved H4/AP/EAD (same dates like mine) and I heard that after using the AP to travel she will loose her H4 status.
What status she would be in ?
Will she be able travel again in case of urgency ?

Also very importantly, what documents should I carry to make life easy at the port of entry ?
Please share your experiences for travel on AP.

Apprieciate all your help.
Click to expand...
See these links orginally posted by ginnu

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://shusterman.com/cronin51600.html

http://www.shusterman.com/hl-99regs.html

Esp the Cronin Memo. It would answer your questions
 
Thanks a lot max21K. I read most of it now, it tells me I can enter using AP and maintain H1 / H4 status.

But what is the checklist of must have documents for POE (just want to reduce delay at re-entry) ?

Please share any experiences at POE for using AP with approved H1 but expired visa stamp. time wise ? and questions wise ?

Appreciate all your help.
 
need information

I am posting this request for my friend. He has family urgency in India. He need to go to India in one or two days. But he had following visa situation.

He has a valid H1B till mid next year and stamped on passport with company “X”. He applied for I140/I485, EAD with company “Y”. But, he didn’t apply for AP with company “Y” because he has stamped H1B till May 2006 with company “X”. He has started working with company “Y” (From Jan 2005) after EAD approval but he never transferred his H1B to company “Y”. Unfortunately, couple of months back company “X” went out of business.

With this situation, can he travel to India and reenter with old H1B? If it is not possible, Can he apply for AP at local INS office and get some quick approval for AP. What is the best solution he could do? He really needs to go to India to take care of his parents.
 
You must log in or register to reply here.
Top