Gurus Please Help me --- Make it clear.

D

dashDurai

Registered Users (C)
I applied 140/485/765 concurrent at vsc on 23 October-2003...

( NOTE: We are not applied for 131 - Advance Parole Since my current h1b1 visa is valid for until - 2005 )..

My question is:

Right now me and my wife planning for 1 month vacation to Inida.

Some people says ... we should not leave USA without AP (131)..

Some people says ... Since you have h1b1 valid ... you can go.


Which one is true/legally correct...

Please help...

( My EAD, 140 all are still pending)
 
Do you have a current visa stamped on your passports? if yes then you can go and comeback W/O any hassles. But if you are planning to get you visas stamped on your way back, I would suggest you get you AP.
 
Hi dashDurai

If you are still in H1B status (haven't used ur EAD---still working on H1) and have Multiple entry for H1B visa in ur passport, You need not worry about AP. You can safely go to India and comeback.

AP is needed only if you are using EAD or if you don't have H1B multiple entry in ur passport.
Applying for AP is optional.

Either you have to use H1B status/H1B visa or EAD/AP

Hope this is clear
 
Originally posted by dashDurai
I applied 140/485/765 concurrent at vsc on 23 October-2003...

( NOTE: We are not applied for 131 - Advance Parole Since my current h1b1 visa is valid for until - 2005 )..

My question is:

Right now me and my wife planning for 1 month vacation to Inida.

Some people says ... we should not leave USA without AP (131)..

Some people says ... Since you have h1b1 valid ... you can go.


Which one is true/legally correct...

Please help...

( My EAD, 140 all are still pending)
Click to expand...

This issue has been extensively debated and following are my observations:

- If you have a valid H1B visa and applied for Adjustment of Status (AOS), you do NOT need AP. This is legally correct. The POE official will not be aware that you have applied for AOS.

If your H1B is valid (i.e. I797 is fine) but your H1B visa has expired then you have to use AP, No other option available.

But again, CHECK with your attorney.

HTH

Cheers
 
Two options

"If your H1B is valid (i.e. I797 is fine) but your H1B visa has expired then you have to use AP, No other option available."

If he has a new valid H1B approval/renewel I797, but old visa in passport has expired then he can get new H1B visa in passport by sending to St Louis ( but that takes a few months) or he can visit consulate abroad before returning. Make appoitment if you can.

Using / obtaining an AP may be a less expensive and less hassle.
 
I am on H-1B now which is valid till 10/2006, I am planning to travel to China on my Advance Parole (as spouse applicant), I wonder when I come back using AP, can I still work on my H-1B visa ? By the way, I do not have stamp on my passport and am not going to apply for it at US. consulate. Do I need to surrender my I-94, if yes, does it mean I automatically abandon my H-1B ? then what will be my new I-94. Can I just use AP directly when exiting custom ? Anyone has real experience on this ? Thanks a lot for your input because my scheduled travel is in 3 weeks. I am desperately seeking advice. However, the information I got up till now is contradictory.
 
Hi crystalview

If u don't have H1B stamp in ur passport, then u have no other go. But if u have pending I-485 and AP, u can surely use them to come back.
Once when u use ur AP to come back to USA, u are no longer in H1B status. U r in "Parolee" status. i.e, u r being paroled into USA. Then u have to have EAD to work once u return. otherwise u cannot work.
Everybody has to surrender their I-94 when they leave this country. When u return I am not sure abt I-94 (someone correct me if I am wrong) but I think I have read somewhere that u will be given a new I-94 which will be stamped as "Paroled"

Hope this helps
 
Originally posted by Explorer19
Hi crystalview

If u don't have H1B stamp in ur passport, then u have no other go. But if u have pending I-485 and AP, u can surely use them to come back.
Once when u use ur AP to come back to USA, u are no longer in H1B status. U r in "Parolee" status. i.e, u r being paroled into USA. Then u have to have EAD to work once u return. otherwise u cannot work.
Everybody has to surrender their I-94 when they leave this country. When u return I am not sure abt I-94 (someone correct me if I am wrong) but I think I have read somewhere that u will be given a new I-94 which will be stamped as "Paroled"

Hope this helps
Click to expand...

I beg to differ.

For example:

If your I797 is valid until 2006 but your H1b visa is expired, you can use AP to enter USA. You will get your I94.

Once you are in USA, you will still continue to be on H1 status even after using AP. You will lose H1 status the moment you use EAD. Since you are not using EAD (based on your query) you will not lose your H1B status.

Hope this is clear.
 
Hi gc_majburi

I don't think u will still be in H1 status once u use ur AP. Please check the rules clearly. (I am not sure about this...I just put forth the ideas of what I have heard in this forum)
 
Originally posted by Explorer19
Hi gc_majburi

I don't think u will still be in H1 status once u use ur AP. Please check the rules clearly. (I am not sure about this...I just put forth the ideas of what I have heard in this forum)
Click to expand...

I have discussed this issue with my attorney who happens to be reputed. My situation is very similar and have made all enquiries and am pretty sure about what I mentioned.

Did you talk to an attorney about this situation ?
 
gc_majburi:

Yes, I do not have my H-1B stamp, I was changed into H-1B and extended within USA. Do I need to surrender my I-94 ? then what will my new I-94 looks like, still H-1 status when entering USA ?

Though I have EAD, I did not use it because my H-1B just got extended for another 3 years. Thanks a lot,
 
Originally posted by gc_majburi
Once you are in USA, you will still continue to be on H1 status even after using AP. You will lose H1 status the moment you use EAD. Since you are not using EAD (based on your query) you will not lose your H1B status.
Click to expand...

gc_majburi,

No need to justify, what you are saying is absolutely correct, with the additional clause, that as long as you are working for the same employer who sponsored your expired H1
 
Originally posted by crystalview
Yes, I do not have my H-1B stamp, I was changed into H-1B and extended within USA. Do I need to surrender my I-94 ? then what will my new I-94 looks like, still H-1 status when entering USA ?
Click to expand...
No problems in entering the country on AP for you, and maintaining H1 status. I am sure you don't want to lose that.

You will have to surrender you I-94, every time you leave the country, until you get your GC

An I-94 looks the same, regardless of the visa status you enter on, it is the same document. The immigration officer at your POE will stamp it with a date and give it back to you.
 
Originally posted by crystalview
gc_majburi:

Yes, I do not have my H-1B stamp, I was changed into H-1B and extended within USA. Do I need to surrender my I-94 ? then what will my new I-94 looks like, still H-1 status when entering USA ?

I believe the I94 will indicate the expiry date of AP. Take the I797 and also a copy of I 485 receipt alongwith you to indicate your original I94 (which is at the bottom of the I797 is valid until 10/2006). Take whatever document that could come to your aid, like employment letter, pay stubs etc. Also if you can get a letter from your attorney that your are in legal H1 status that would be a fantastic.

Try to be armed with whatever documents you can muster.

Btw it just struck me. Are you travelling via eurorpe (London/Paris/Frankfurt) ? I hope not since your destination is china you must be flying over the pacific ? Also if you have to transit thru some country which requires Transit Visa get that too.

Fucking London requires a person using AP to get a DATV (Direct Airside Transit Visa).

Also can you post your experience after you come back.

Good Luck !!!

Though I have EAD, I did not use it because my H-1B just got extended for another 3 years. Thanks a lot,
Click to expand...
 
gc_majburi:

Thanks a lot for your suggestions. I got my advance parole as a dependent of my husband's I-140/I485 application which is till pending, though I have my own H-1B status. I will have all the documents both of mine and my husbands with me, it may occupy half of my luggage, besides, I am taking with me my US-born 6 year old daughter with me as a bodyguard. Hope everything will be smooth. Yes, I fly directly from US to China, no stop.
 
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