question on travelling while 485 pending
- Thread starter Curon
- Start date
chandler825
Registered Users (C)
AP is good enough. I have been travelling for 2 years on my AP as I need to travel overseas for work. No problems so far.
I asked my lawyer if it is ok to travel. I have valid H1B visa and AP
Her reply:
We are advising our clients that now is not the time to travel. Consulates are closing down now due to imminent war, and
even though you may have all the proper documentation to re-enter, we can't guarantee that you won't encounter problems or significant delays. Please do not plan any trips until the world environment is more stable.
If you were to travel, you should take with you your passports with the valid visas, your Advance Parole approvals, your original I-485 receipt notices and your I-140 approval notice. Again, due to the war, there are numerous problems that could arise
upon reentry. There is no way for me to predict what could happen at this time.
more details to clarify my question,
My H1B status is good thorugh the end of September. I plan to make a trip in July. Last time I entered US in 2001 with a single entry H1B visa (which had a 3 month validity period). So now I don't have a valid H1 visa on my passport, but I have a legal H1B STATUS.
Last week, I consulted the director of the International Student and Scholar Office of the university for which I am working with. The director recommended me to apply for an Advanced Parole for the travel. IN ADDITION, the officer recommended me to apply for an EAD. According to this officer, applying for an Advaced Parole means giving up H1B status and an EAD is necesssary for reentry.
Any body has similar experience please comment.
My H1B status is good thorugh the end of September. I plan to make a trip in July. Last time I entered US in 2001 with a single entry H1B visa (which had a 3 month validity period). So now I don't have a valid H1 visa on my passport, but I have a legal H1B STATUS.
Last week, I consulted the director of the International Student and Scholar Office of the university for which I am working with. The director recommended me to apply for an Advanced Parole for the travel. IN ADDITION, the officer recommended me to apply for an EAD. According to this officer, applying for an Advaced Parole means giving up H1B status and an EAD is necesssary for reentry.
Any body has similar experience please comment.
Your H1 was valid for only 3 months. Have you applied for a H1 extension to claim that you are still on H1B status? Please clarify.
By applying for your AP or EAD you wont be giving up your H1B status(if extended). If you use your AP for re-entering the US, you still maintain your H1B status as long as you work for the same employer who sponsored your H1B.
AP and EAD are benefits given by the BCIS to persons applying for adjustment of status, to travel and work till the case is adjudicated.
Hope this helps....
By applying for your AP or EAD you wont be giving up your H1B status(if extended). If you use your AP for re-entering the US, you still maintain your H1B status as long as you work for the same employer who sponsored your H1B.
AP and EAD are benefits given by the BCIS to persons applying for adjustment of status, to travel and work till the case is adjudicated.
Hope this helps....
Yes, I am going to be working with the same employer. I am planning to extend my H1B status (since my current H1B status will be expired at the end of September).
In summary, I am in the following situation,
1. current H1B status will expire at the end of Sept.
2. application for H1B extension is under way.
3. want ot travel in July.
Question are,
1. is an Advanced Parole enough for the travel?
2. do I have to apply for an EAD also?
3. will the application of an AP have any impact to my H1B?
In summary, I am in the following situation,
1. current H1B status will expire at the end of Sept.
2. application for H1B extension is under way.
3. want ot travel in July.
Question are,
1. is an Advanced Parole enough for the travel?
2. do I have to apply for an EAD also?
3. will the application of an AP have any impact to my H1B?
TheRealCanadian
Volunteer Moderator
Stop, stop stop!
If you use AP to re-enter, your H1B is toast, and you MUST have an EAD in order to work. An unexpired H1B is all you need to re-enter. Why complicate things by using AP?
rangav
Registered Users (C)
According to my Lawyer,
If you work for same employer who sponsored your 485, you need only AP to enter to US. No need for EAD. After entering US using AP you can work on H1 for same employer.
Before talking to Lawyer I believed RealCanadian way is the right. Now I am clear.
If you work for same employer who sponsored your 485, you need only AP to enter to US. No need for EAD. After entering US using AP you can work on H1 for same employer.
Before talking to Lawyer I believed RealCanadian way is the right. Now I am clear.