H1B, EAD/AP, Adjustment of Status...

L

Lunatic

Registered Users (C)
Hello,

I have an H1B visa (stamp in my passport) that expires in couple of years. I'm also currently in the "Adjustment of Status" process for my greencard (about a year left). I'm about to apply for EAD and Advance Parole because I'm considering moving to a new company. I'm going to travel back home to Russia in the end of July and beginning of August for 3 weeks. EAD and Advance Parole won't be approved until I come back. Will I have any problems getting back into the country while my "Adjustment of Status" in addition to the "EAD /w Advance Parole" applications are going through?

Thanks!
 
I have an H1B visa (stamp in my passport) that expires in couple of years. I'm also currently in the "Adjustment of Status" process for my green card (about a year left). I'm about to apply for EAD and Advance Parole because I'm considering moving to a new company.
-- If you have valid H1B visa sticker in your passport you can re-enter US with valid visa and will get new I-94 at POE, no need of AP

I'm going to travel back home to Russia in the end of July and beginning of August for 3 weeks. EAD and Advance Parole won't be approved until I come back. Will I have any problems getting back into the country while my "Adjustment of Status" in addition to the "EAD /w Advance Parole" applications are going through?
-- You will have no problems entering with valid H1B visa after your AOS pending. Pending EAD, AP applications will have no problems for your entry to US, because you have to use AP if you used EAD for work and you don’t have EAD at this time and you are maintaining H1 status with your employer

while you go out keep a letter from your employer that you are working with them.
consider moving to anew company when you are back and get EAD or join the new employer by H1 transfer
 
Hi Ginnu

I have my AP valid upto October 2003. My EAD expires on 4th August 2003. I have applied for EAD renewal on May 19th. I am planning to go to India on August 15th and coming back on 15th of September 2003.

Do I need valid EAD to comeback. Though I have not used my EAD for employment, My current H1-B is not stamped in my passport. Do you see any problem in entering US without valid EAD?

Thanks
Siva
 
I have my AP valid up to October 2003. My EAD expires on 4th August 2003. I have applied for EAD renewal on May 19th. I am planning to go to India on August 15th and coming back on 15th of September 2003.

Do I need valid EAD to comeback.
---- NO
Though I have not used my EAD for employment, my current H1-B is not stamped in my passport. Do you see any problem in entering US without valid EAD?
-------- You can enter with valid AP, no problems for you, they don’t ask for EAD at POE and EAD is only for work not for re-entry, keep I-485 filing receipt with you (show only if asked). if you wish you can also get H1 Visa stamp as you have not used EAD and still on H1, that is up to you
 
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