Have AP, but no EAD( and H1 expired). Can I travel?

M

motley

Registered Users (C)
Please advise asap:
The first three yrs on my H1 expired in Jan 2001. I applied for a renewal through my company but have not received it yet.
I also appplied for I-485 and reeived the Advance Parole papers last week. I have not received the EAD though

I am travelling to India in two weeks. Since I am not expecting the H1 renewal to come through, Can I travel just with Advance Parole? DO I need the EAD to get back to the US? How long does it take for the EAD to come through?

PLEASE help.

Thank you.
 
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I think you need advance parole to enter into US. But once you use your AP, you have to use your EAD to work. You can\'t back on H1.
my 2 cents worth. Contact lawyer for exact info.
 
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I travelled recently using AP without EAD, I had no problems. My POE is SFO. They didn\'t even ask me single document other than AP.

After come back to work I asked our immigration desk to change status to EAD(by the I got EAD by the time I returned), they never give me a proper answer. So I haven\'t fillout I-9 form to change to EAD. I returned to USA on FEB 9th, I guess I am still working on valid H1B approval.
 
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Hi Motley,
I strongly suggest you that be on H1.. When you have at least 3 more years, It may not be a good idea to use PA there by committing to use EAD..As per my knowledge, Once you use PA, you have to use AD and once you use AD, you may not go back to H1.

Of course, It is a good thing that you applied for PA and AD but I would keep those and use only in case of emergency need.
 
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If you see this message, you may follow the procedure. One of my friends was in such a situation with emergency. At that time my lawyer, informed him that he can travel with AP along with a copy of I-485 receipt copy. If you have EAD receipt also well and good, though it is not strictly required. I-485 receipt copy is suuficient.

There is another procedure too. You call IIO and ask for EAD approval status. If approved you can get EAD from your local INS office too.

You can use either of this method, no problem.
 
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Thank you everybody who responded - !

Do you know if there is any harm in moving to EAD ( even though I have three years left on my H1)?

Thanks again
 
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