H1 revoked if travelled with AP

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grchehab

Registered Users (C)
All:

I have reently received my Adv. Parole, but the I-485 not approved yet. My H1 is still valid but not stamped on passport. I need to travel; so i will beleaving and returning using my AP. Will travel through AP invalidate my H!. This is what my lawyer told me but he was not sure.
Any ideas there?

grchehab
 
I have the same situation as you and would like to know the answer. My lawyer told me it is perfectly safe to travel with AP without worrying about H1-B invalid.
 
traveling with AP

When you enter us with visa, then you are in h1b status.If you enter with AP then you will switch to waiting 485 status.If you want to keep h1b status , you need to use visa.
 
YOU DO NOT LOSE YOUR H-1B status even if you use A/P to re-enter.

Posted March 28, 2005 on Murthy.com

Chat User : Does one lose H-1 status if s/he used advance parole for returning to the USA?

Attorney Murthy : A person is allowed to use AP to reenter the U.S. and is also allowed to file an H1B extension soon after reentering on AP, and then revert to H1B status. Review the March and May 2000 Legacy INS Memos, which we have written about on our website and posted summaries of those articles.
 
as its mentioned in " "

"also allowed to file an H1B extension soon after reentering on AP, and then revert to H1B status"

Here it is clear that you should revert to H1B again, so by using AP you are changing your status from HB1 to pending 485 .If you want to return back you should file again for H1b.
Use your visa and keep both status.
 
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