need some advice on using advance parole

T

tmpandi

Registered Users (C)
I need some advice from you all. I filed my 485 application in June and have not filed my wife 485 application yet. I got my EAD and advance parole, planning to use advance parole for out of country travel. Will that put my wife in out of status if I use advance parole? My wife is currently in H4 and I’m maintaining my H1B status as of now. I’m not going to use EAD until we file my wife’s 485 applications, the reason I can not file my application because my PD is retrogressed.

Please need some advice. Thanks
 
from what i know......once you use AP or EAD you are no longer in H1 status....(consult a lawyer....there may be some loophole...where you use AP and pretend that nothing happened and keep renewing your H1)
 
Using AP

My attorney adviced me that 'Using of Advance Parol does not shift your status from H1 to EAD'. If you started using EAD instead of your H1, then your status is changed from H1 to EAD for your work.

My entire family used Advance Parol for the past couple of years and we are all still in H1 / H4 status.

Thanks
 
nlssubbu said:
My attorney adviced me that 'Using of Advance Parol does not shift your status from H1 to EAD'. If you started using EAD instead of your H1, then your status is changed from H1 to EAD for your work.

My entire family used Advance Parol for the past couple of years and we are all still in H1 / H4 status.

Thanks
Click to expand...


I am exacty in the same situation. I checked with my lawyer and he told me that I can use AP for travel eventhough I am still in H1b. As far as I understand, just by using AP, it does not change your status. Your status might change if you use EAD because your employer will file I9 which will indicate your legal status to work.
 
use AP and still on H1/H4

I am really surprised to see how this is working (use it as long as it works), my wife is leaving to india on april 3rd on AP to see her sick parents. I am on H1 and ready to be moved to EAD as the forums and my lawyer told me that once AP is used i loose H1 status.

Look like it is not ......

Thanks,
simpleman
 
Using AP and Maintaining H Status

If 6 yrs completed in H:
It is possible to travel using AP and stay in H Status to work for the same employer who sponsored the Immigration Process. But, it is not possible to work for another employer in H Status and AC21 is MUST to change employer.​

If time remains in H (i.e. not used 6 yrs):
It is possbiel to enter in AP and work for another employer in H Status. Because, AC21 is not required to change employer/job and H is better till 6 yrs.​

I am told by my attorney and I am in this status now.
 
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