Is Advanced Parole necessary for travel?

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psmith

Registered Users (C)
Hi,
My wife and I are planning a trip back home in November and I am wondering if it is necessary for us to have advanced parole documents. We have our I-485's pending since October last year. I am the primary applicant and my wife is the dependent beneficiary. We both have EADs but have not used them. I am on a H-1 (with the same employer/sponsor of my green card) and my wife is on a H-4. We both have our H-1/4s stamped on our passports. We did not apply for AP's as our lawyer indicated that our H-1/4s are sufficient as long as I was with the same employer.

The reason for my question is due to what happened to a friend of a friend. He recently returned from a trip from home. He is the dependent beneficiary. While back home he applied for and got a H1-B visa through his own company. When he landed here in the US, the officer looked at his screen and indicated that he has a 485 pending and that he was issued advanced parole documents too. The officer insisted on letting him come in only on AP documents and not on his H-1 (I guess this means his I-94 reflects this). Anyhow he got in, I have no idea what his status is now H1-B or will he have to use his EAD to continue to work??
This is second hand information. I do not know any more details of the case at present. There might be some peculiarity in the case but I do not know of any such thing

Anyway, has anyone else on this board gone out of the country while their I-485 has been pending and returned using their H1-B's stamps they already had?? Any others who have had such experiences please inform the rest of us. Thanks for any information you provide.
 
My situation is kind of the same as yours, holding H-1B but did not apply for EAD yet. I plan to go vocation out of states, here is what I find:
1. Apply for new H-1B in states as long as your stamped passport is within 1 yr on H-1B. This could take up to 8 weeks to get a new H-1B visa, then you don't need go to consulate to get you returning H-1B visa. You could also apply for H-1B in the country you visit.
2. Apply for EAD and AP, when you come back, your H-1B is gone, EAD kicks in.

Either works, so if you do not want to EAD, you could apply for new H-1B. As long as you bring all the document listed in INS web site, you should be able to get new H-1B visa.

Please double check above with your lawer before you take any actions.
 
Advance Parole

Once you have received your EAD... your Visa is no longer valid, hence it is a must to get Advance Parole for Travel.

May lawyer adviced me this, some time back, You may wish to reconfirm this with your lawyer.
 
axrx,

You are incorrect.

If one has a valid and "in use" H1B, u still can apply and have EAD and AP.

But for travel/job purposes, this H1B will suffice. So long as u don't use EAD for job, ur H1B won't be invalid and AP won't be needed for travelling.
 
Thanks mates

Thanks for the info and advice. Of course I will talk to my lawyer but I thought there might be people on this board who might have had a similar experience or had gone and come back in based on their alreading existing and valid H1/4 with no problems. Can any such people please provide some info. dma_va, I presume you travelled with your 485 pending, did you re-enter using your AP or your H1? Thanks for any info.
 
psmith,

I was using my EAD for job. So, I used AP on my coming back early this month with no problems except for secondary inspection at POE (which is usual nowadays).
 
Hi

This is my experience. I have applied for 485 in October. I did go back to my home country in June. At that time, I had both EAD and AP valid till Dec,2002. My H1B visa stamp was valid till Aug,2002.

My lawyer did suggest me to reenter using AP, but, After knowing the fact that I haven't changed my status to EAD (I-9 form), they advised me to reenter based on my valid H1 Visa(and H4 visa for my wife).

I did reenter based on my H1 visa. The office at immigration counter did inform me that my H1 is expiring in couple of months and to get it renewed.

So, I don't think, there should be any problems as long as you have valid H1 /H4 visa stamped in your passport.

But,as my H1B Visa is expired now and my company insist on working on EAD, I have to use my AP if I go out of the country.

Hope this helps.

-Sujaksh
 
NO NEED

I applied my EAD on Sep 26th -- RD 10/01/2001

Went India in februar and came back on my H1B -- on March 15th 2002.

was valid till only 14th April 2002.

I had applied for both EAD and AP. Recieved in nick of time and had carried with me.

Did not showed at POE -- just told him I am going to apply for extension once in the country as my attorney had asked to apply after the trip or else different I 94 can be a problem.

He smiled and let me in :-)

good luck
Deepesh
 
my spouse travelled on H1

spouse - works on H1, is not primary applicant, has EAD and AP.

Made a trip out of the country in July 2002, used H1 to enter, no questions asked, and case approved on Sept 17th 2002.

So it boils down to.....

If you are using EAD to work - use AP for travel
If you are using H1 to work - use H1 for travel
 
teleks:

As you said:
If you are using EAD to work - use AP for travel
If you are using H1 to work - use H1 for travel

My case:
Applied for 485 and EAD in Dec2001 and for H1 extension in Nov2001. H1 is not stamped but I am working on H1 only. I never used my EAD.

According to you:

Since I am working on H1 - I should use H1 for travel by getting it stamped in India.

Can I use AP since I have my Valid EAD even if I havent used it till date?

Thanks for your help
Raj
 
I think you have to stamp H1

I think you have to stamp your Passport with the new H1 visa and enter using that. You may not use AP if you are not using EAD.

But you better verify.

I am not sure of this situation, since we have never been in one.
 
Secondary inspection at POE

dma_va

Could you please tell me what Secondary inspection at point of entry is?

I am travelling with an AP next month.

Thx.
Originally posted by dma_va
psmith,

I was using my EAD for job. So, I used AP on my coming back early this month with no problems except for secondary inspection at POE (which is usual nowadays).
Click to expand...
 
Sunny19/Edisondesi,

Oh.... Secondary Inspection is nothing but a recheck of ur docs. in a separate room there itself(other than the POE counter u go to after landing out of the airplance). It's nothing special and there is no special document to acrry besides what u'd usually do.
 
Thanks for the reply. You mean just the AP and the 485 receipt notice is fine? do you need to carry pay-stubs, tax documents, etc.. also
 
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