Have Advanced Parole and valid H1 which to use on return to US?

R

rav_oranges

Registered Users (C)
Guys,

I have a valid H1, receipt notice for my AOS, EAD and advanced parole letters.

I still work for the company that sponsored my original H1 and will continue to work for them after I come back.

Which document should I use when I come back to the US?

USCIS website says....

Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas......

But what happens if you have both? I will carry everything with me.

Specifically what should I present to the immigration guy at the port of entry, H1 visa or Advanced Parole? I would like to maintain my H1 visa status. Does the new i94 affect anything?

I have asked my attorney this question but I think that they are busy with the 17th August deadline.
 
Use the H1 at the port of entry, provided that you haven't done anything to invalidate it (like using EAD to work in a side job).
 
Jackolantern said:
Use the H1 at the port of entry, provided that you haven't done anything to invalidate it (like using EAD to work in a side job).
Click to expand...

Using EAD to work in a side job does not invalidate the H1 as long as you maintain your relationship with your H1 employer.

Having said that, yes, use H1 at the port of entry. That is the better choice in your case.
 
using EAD

Using EAD does invalidate H1B

Only Cons here is If USCIS find out


Ideally it is not safe until your 485 is approved


FINALLY:-

USING EAD DOES NOT GUARANTEE THAT YOU ARE NOT IN "485 PENDING" STATUS

I KNOW A FRIEND WHO WAS ON H1B AND WAS WORKING ON H1B ONLY 1 JOB FULL TIME WITH HIS 485 SPONSORING EMPLOYER

HIS WIFE WORKED ON EAD
HE WAS PRIMARY CANDIDATE

AND HE GOT INTO TROUBLE BECAUSE HIS WIFE USED EAD......

TROUBLE WAS DURING HIS I 140 AND AC21


SO IDEALLY IF YOU WANT TO USE EAD, DO NOT USE H1B

IF YOU WANT TO USE H1B, DO NOT USE EAD

JUST MAKE 1 DECISION............


ONE CANNOT MAINTAIN 2 STATUSES AT A TIME

ITS NOT ALLOWED..........

ITS JUST A MATTER OF USCIS FINDING OUT

WHAT IF THEY FIND OUT WHEN YOUR CASE IS ABOUT TO BE ADJUDICATED
 
Dumbledore said:
Using EAD to work in a side job does not invalidate the H1 as long as you maintain your relationship with your H1 employer.
Click to expand...
It does, if the USCIS finds out about it.

And really it's not about the EAD per se; it's the fact that maintaining H1 status depends on being employed in the US by nobody else but the H1 employer(s). If you took a side job without the EAD that would also invalidate the H1, if USCIS found out.
 
parolee

A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer.


So best thing is to ENTER ON H1B ONLY... AND CONTINUE USING H1B
 
ONE CANNOT HAVE TWO STATUS.... YOU COULD HAVE EITHER PAROLE STATUS OR H1B STATUS

You are allowed to use H1B as long as its valid....even though you have approved EAD&AP.
 
yellowrocks said:
A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer.


So best thing is to ENTER ON H1B ONLY... AND CONTINUE USING H1B
Click to expand...

Agree with this part "So best thing is to ENTER ON H1B ONLY" but not with this part "cannot be on H1B status if the person entered as a parolee. "

As someone else pointed out somewhere , search for "CRONIN Memorandum" or read this thread carefully :

http://www.immigrationportal.com/showthread.php?t=255193
 
correct..

Dumbledore is correct. Using AP doesnt invalidate your H1B status. Using EAD does - after you use EAD and then reenter on H1B with new I94 during validity of H1B you can get back on H1B. Refer to CRONIN Memo. I am in a situation where I might do something like that so I researched, talked with my lawyer and I heard this on Rajiv's conf call from 7/27..

Dumbledore said:
Agree with this part "So best thing is to ENTER ON H1B ONLY" but not with this part "cannot be on H1B status if the person entered as a parolee. "

As someone else pointed out somewhere , search for "CRONIN Memorandum" or read this thread carefully :

http://www.immigrationportal.com/showthread.php?t=255193
Click to expand...
 
Dumbledore said:
Agree with this part "So best thing is to ENTER ON H1B ONLY" but not with this part "cannot be on H1B status if the person entered as a parolee. "

As someone else pointed out somewhere , search for "CRONIN Memorandum" or read this thread carefully :

http://www.immigrationportal.com/showthread.php?t=255193
Click to expand...
Basically, nobody knows what is right. There are people who lost their H1B after using AP (assuming working for the same employer) and also people who used AP to enter and got H1B extended and are still on H1B status.

I have also seen people who used AP for travel and then later got new H1B stamp to reenter.

So basically continuing to use H1B stamp (if possible) is the best case scenario. But you also must carry your AP since if someone is abroad and GC gets approved then H1B status is no longer valid. You can't enter into US if you don't have AP.
 
Last edited by a moderator:
all Said Is Correct But When Your Case Gets Picked By The Adjudicator And He Is Not Aware Of This Your I-485 Will Enter In Big Hole....
 
So with all this said. In my specific case, where I haven't used the EAD card at all, want to continue working for my H1B sponsor and ensure minimun impact to the i485 processing.

I should use the H1B visa and my wife her H4 visa?

I will carry all documents but only show the H visa's at the point of entry.
 
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