Emergency Help!! AP and H1!!!

H

helenharbour

Registered Users (C)
Hi,

I have seen many thread discussing AP won't influence H1 status and after you paroled in america, you can still use your H1 to work for the same employer.

But the law firm still strongly urge me to try to get a H1-B Visa first, if failed use AP.

Can any experts tell me why is that and what could be a potential harm to use AP instead of H1-B visa?

Thanks a great deal!!!!!! On-line waiting for answers!
 
helenharbour said:
Hi,

I have seen many thread discussing AP won't influence H1 status and after you paroled in america, you can still use your H1 to work for the same employer.

But the law firm still strongly urge me to try to get a H1-B Visa first, if failed use AP.

Can any experts tell me why is that and what could be a potential harm to use AP instead of H1-B visa?

Thanks a great deal!!!!!! On-line waiting for answers!
Click to expand...
Nothing -- there is no downside to using AP for re-entry

Actually its very much the preferred route with all the visa appointment backlogs in many US consulates abroad !

Plus when you are using AP for re-entry, you don't need all of the supporting docs (like H1)
You ONLY need your AP and passport - simple :)
 
helenharbour said:
Do you think it's a better idea to have a EAD (for 485-pending) as backup?
Click to expand...

Absolutely not (but hay any backup is good), but usually people keep H1 as backup even if they have EAD. But you already have the H1 approval notice with you.

Advance Parole is a complete travel document by itself. Its connected to niether the H1 nor the EAD. Its a document that says to the officer at the port of entry that "Let the person holding this document pass without asking any further questions". Offcourse the officer needs to check if the person holding the AP document is indeed the person for whom the document is intended for. This can be easily verified by looking at the passport which you have to carry as such for any overseas travel. The AP carried your picture and the office will just look at the picture on the AP and look at your face and will let you in if they match. Its as simple as that. Its the fastest way to enter at any port of entry in the US, probably next to GC or a Citizen.

neocor
 
Have to cool your heels in secondary inspection area

neocor said:
AP carries your picture and the officer will just look at the picture on the AP and look at your face and will let you in if they match. Its as simple as that. Its the fastest way to enter at any port of entry in the US, probably next to GC or a Citizen.

neocor
Click to expand...

The above statement is not true. While entering on AP, we are sent to a secondary inspection room where we have to cool our heels for more than 45 minutes before being let in.
Recently at LAX airport, I nearly missed my connecting flight because of the secondary inspection (God knows what they do in the secondary inspection process :( ). Eventhough I boarded the connecting flight just in time, my checked in bag did not make it.

PD:03/2002
EB3 Concurrent Filing
I-140/I-485 RD 02/14/2003 ND 02/18/2003
Name Check cleared in 03/2003
FP1: 06/24/04 FP2: 07/27/05
I-140 AD 11/08/04 (after followup thro Senator Cornyn)
I-485 Transfer to Dallas local office: 11/08/04
3 EADs, 3 APs
I-485 AD: ????
 
Ap

When I enter with AP, it takes them 45' to 2 hours to clear me in a secondary holding area. it takes my husband 10' to go thru using his valid H1. Entry with AP is always an interview and a check with the headquarters to make sure that your I-485 is indeed pending. I nearly missed my flight during a 2 hour ordeal where the clearance from the headquarters was delayed because of a computer glitch.
 
Dallas03096 said:
The above statement is not true. While entering on AP, we are sent to a secondary inspection room where we have to cool our heels for more than 45 minutes before being let in.
Recently at LAX airport, I nearly missed my connecting flight because of the secondary inspection (God knows what they do in the secondary inspection process :( ). Eventhough I boarded the connecting flight just in time, my checked in bag did not make it.

PD:03/2002
EB3 Concurrent Filing
I-140/I-485 RD 02/14/2003 ND 02/18/2003
Name Check cleared in 03/2003
FP1: 06/24/04 FP2: 07/27/05
I-140 AD 11/08/04 (after followup thro Senator Cornyn)
I-485 Transfer to Dallas local office: 11/08/04
3 EADs, 3 APs
I-485 AD: ????
Click to expand...
Hmmm ... I've only ever spent 10 mins in LAX when re-entering on AP.

In LAX there are 2 separate "windows" that are specific to AP holders -- did you use those and you still got a secondary inspection ??

I used those windows and the officer could check everything in the terminal in front of him - the lines were moving much faster than normal visas as he had to ask only minimal questions (if any) !!
 
Mine took 10 mins in the Secondary area at SFO in June - but I was the only one in the whole room @ 5 PM.

So, it depends on Port of Entry, how many flights land at that time and how many have AP's et al. Besides, glitches can cause delays...

In all, its not all that bad - considering the months of wait at US Consulates abroad as well the shabby treatment by consular staff.
 
Please read:

http://www.immigration-law.com/Archive XI.html


05/05/2005: Approaching Summer Travel Season and H-1B Traveling With Advance Parole

• Summer is on our door step and schools will take a long break allowing students and employees of the schools to take a vacation and traveling abroad. There are a substantial number of EB-485 filers who maintain a H-1B status and at the same time possess an Advance Parole. Some of these EB-485 filers may want to travel on Advance Parole rather than on H-1B because of the complication and delay in obtaining the H-1B visa stamp at the visa posts.

• People are confused as to whether they can return to the U.S. using Advance Parole and continue the H-1B employment without EAD. The answer to this question is confusing because the legacy INS flip-flopped itself in the past. Initially, it was policy that such H-1B alien who returns to the U.S. without EAD could not work as he/she was no longer H-1B nonimmigrant and did not have employment authorization. However, this memorandum was short-lived, being later amended and rescinded.

• The current rule is that the H-1B aliens who return to the U.S. using Advance Parole will be able to resume the employment authorization which is inherent in the H-1B status inasmuch as the following conditions are met: (1) The employment is resumed with the same H-1B employer. (2) The H-1B approval must remain valid, even though one does not need a valid H-1B visa stamp. Once the H-1B validity expires, so does the employment authorization. Such an alien cannot continue employment unless he/she obtains either EAD or extension of H-1B status. The H-1B alien is returning to the U.S. as a parolee when they use Advance Parole and their status remains a parolee and not a H-1B nonimmigrant, but current rule and policy allow such H-1B approved aliens two benefits pending finalization of its policy on this issue and release of a regulation. The first benefit is employment authorization during the period of valid H-1B approval even though his/her status is no longer H-1B. The second benefit is eligibility for extension of their H-1B status and resuming the H-1B status without leaving the country. Once extension is approved, the alien returns to the H-1B status. The approval of such H-1B extension is considered by the USCIS as revocation of the parolee status and reinstatement of the H-1B status. These travellers should make it sure that they have both valid H-1B approval paper and valid Advance Parole when they return from the trip. Again, the EAD is not necessary inasmuch as he/she has a valid H-1B approval. However, against the potential change of employment or loss of H-1B jobs, it will be always prudent that one keeps an EAD current all the time. Enjoy your Summer!!
 
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