H1 Visa and Advance Parole

[shastri]

Hi Guys,

My H1 visa on my passport expires Nov 15,2004 and i have my H1 till Nov 2005. I am submitting my my I485 and I140 next week along with EAD and
Advance Parole Travel document. If i go for stamping of my H1 visa and
i file for my adjustment of status, does the H1 visa in my passport get invalid?
In other words, if i have applied for adjustment of status can i reenter the US
based on my H1 visa or should i only use the Advance Parole?
All inputs would be highly appreciated
Thanks in advance

 

[max2k1]

Hi Guys,

My H1 visa on my passport expires Nov 15,2004 and i have my H1 till Nov 2005. I am submitting my my I485 and I140 next week along with EAD and
Advance Parole Travel document. If i go for stamping of my H1 visa and
i file for my adjustment of status, does the H1 visa in my passport get invalid?
In other words, if i have applied for adjustment of status can i reenter the US
based on my H1 visa or should i only use the Advance Parole?
All inputs would be highly appreciated
Thanks in advance

After applying for 485, you will still be in H1 status (assuming your H1 is valid).

You will lose H1 status if you switch to working on EAD.

When you travel, you have a choice of either entering the US on a H1 visa or using AP.
Either way, you remain in H1 status.

See the Cronin Memo for details