Question about applying for Advanced Parole with I-485

V

V. Chen

Registered Users (C)
Since my H-1 status is still valid, I am not applying EAD, but I want to apply an advanced parole in case I need go home, is there any problem to apply Advance Parole without applying EAD? Thanks.
 
Need AP if H1 still valid?

I though if your H1 is valid, and you are still working for the same employer, there is no need to apply for AP even you need to travel.
 
No H-1 visa stamp on passport, so it si better to apply AP?

Thanks. Since I changed to H-1 status in US, there is no H-1 visa stamp on my passport. To avoid applying H-1 visa abroad, is it better to apply AP? My question is whether useing AP will termainate my H-1 status? or I have to apply EAD at same time?
 
No Title

You can apply your Advance Parole.But if you uses AP then your H1B gets invalidated(Check with your Lawyer).
Try to not go home(if its avoidable) until you get stamped.

Kiran
 
V.Chen

My understanding is that using AP will terminate the H1 status. If you enter the US on Advanced Parole (AP), you cannot work on H1. You must have EAD to work. If want to continue to work on H1, then you must enter with H1 visa stamped from abroad in your situation. The choice is up to you. So, apply for 485, EAD and AP all at the same time..Good luck.
 
No Title

I had the same question and I held the same view as waitinglong\'s. However, my attorney\'s office emailed me yesterday and told me the following:

"The Advance parole is simply a travel document. Unless you USE your EAD card prior to traveling, you will still be in H-1B status."

As a matter of fact, a couple of co-workers used AP to enter the US but never applied for EAD.

Talk to your attorney to verify this.
 
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