Ginnu / RealCanadian - pls help

B

BarneySha

Registered Users (C)
I have a few questions for you.

I am planning to travel overseas for a period of 3 months.

1. I intend to use Advance Parole to reenter US on my return.
Will this pose problems in the unforseen event of my employment status changing during my absence? In other words is my Advance Parole still valid to reenter the US if I am laid off by my current employer during the period of my absence?

2. Will my leave of absence affect any RFE I may get in the future for proof of employment details?

3. My current H1 expires in Jan 2008. at what point do I need to inform my employer that I will be switching to EAD? On my return in Mar 2008 or as of Jan 2008?

Many thanks for your replies.
 
BarneySha said:
I have a few questions for you.

I am planning to travel overseas for a period of 3 months.

1. I intend to use Advance Parole to reenter US on my return.
Will this pose problems in the unforseen event of my employment status changing during my absence? In other words is my Advance Parole still valid to reenter the US if I am laid off by my current employer during the period of my absence?
---you can use AP to enter . your AP is based on your Pending I-485 and I-485 or GC is for FUTURE job
2. Will my leave of absence affect any RFE I may get in the future for proof of employment details?
------------------ why the leave of absence create RFE? RFE is for any missing document or for any info USCIS needs from you
3. My current H1 expires in Jan 2008. at what point do I need to inform my employer that I will be switching to EAD?
-----------------you can inform 1 day advance of I-94 expiry date and fill up I-9 form with employer HR
On my return in Mar 2008 or as of Jan 2008?

Many thanks for your replies.
Click to expand...

if after AP entry to US you are going to work with same employer who filed latest H1 then your status will be H1 and your employer can also file H1 extension before the I-94 gets expired. why you want to use EAD? H1 ext is better option
 
many thanks ginnu

my h1 expires in jan 2008. hence switching to ead.

my attrny also recommends filing h1 ext. I am wondering if I will have it approved in time before i leave on my trip in dec.

many tnx for your advice.
 
BarneySha said:
my h1 expires in jan 2008. hence switching to ead.
------------------file the H1 EXT NOW, one can file H1 ext 6 months before I-94 expiry date
my attrny also recommends filing h1 ext.
--good, file H1 ext
I am wondering if I will have it approved in time before i leave on my trip in dec.
--------------FYI the EXtension of status Is not abandoned if you go out and Ext is still pending
many tnx for your advice.
Click to expand...

to work on EAD or to be on H1 is your choice. if file extension now and extension gets approved while you are out of then employer or lawyer can send the approval notice to you and you can get H1 stamp(if coming to US after Jan 2008 when your stamp expires) if coming to US before Visa expiry date then show valid Visa stamp AND H1 extension approval notice and you will get I-94 till H1 extension approval notice
OR file the H1 extension with premium process and you can get H1 extension approved in 20-25 days
 
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