Question.

T

telecomguy

Registered Users (C)
My EAD is expiring end of November and I plan to go to India sometime in December.
I am awaiting approval from VSC . My RD is 09/17/2001.
I have a valid H1B multiple entry till 2005.

In the worst case scenario that I dont get approved till December, do I need EAD or AP or both to travel to India ?

Can I just take AP and leave without renewing my EAD?

Is there any problem if I get approved while in India?

Thanks,
telecomguy
RD - 09/17/2001
ND - 11/09/2001
FP - 04/08/2002
EAC-02-034-XXXXX
 
Since u have a valid H1B, u don't even care about EAD. And even AP won't be needed while u travel because u will be travelling based on your H1B.

It's not a problem if u get approved while out of USA.
 
EAD is your work permit to adjust your status , if your visa is expiring or to change ur status( Dependent people to work).
Since you have valid visa till 2005 you can use ur H1-visa provided if you didnot used your EAD. If you used your EAD to work then u need renew.

Now, Adavance Parole, if you file 485 then , you need to have an Adavance paraole to go out of the country and come back .othwerwise you cannot adjust your status.
So be careful , but it is better to consult your attorney , and take employee verification letter , this will protect you while re-entering in US
 
sivak,

One doesn't need an AP while travelling if one has a valid and "in use" H1B. AP will be needed the moment one starts working using EAD and then travels.
 
No , it is not friend. when i filed I-485 my lawyer specifically told me that i need AP to travel outside the US. If i have valid H1 -visa that will help you to re-enter US , but if adjusting ur status AP is MUST
Below is the response from my lawyer

Could you please tell me if i would be eligible to apply for advance payrole at this point of time ? I wanted to know if applying for advance payrole would help me in that regard ?

YES. IF YOU WISH TO TRAVEL ABROAD DURING THE GREENCARD APPLICATION PENDING PERIOD, YOU WILL NEED TO HAVE AND APPROVED ADANCE PAROLE.
 
so telecomeguy ,
So Adavance Parole is must . it is just 110$ , if you inisist for this then u will be in trouble , if it is no use after taking then still it is OKAY. We dont know when will INS will change the rules

Good luck
 
Agree, there is no harm in having an AP and EAD while filing for AOS.
What I am saying is, if u have a valid and "in use" H1B, at the time of travelling, immigration officer shouldn't be asking for anything more than H1B notice. To the officer it will be transparent if your case is pending for adjustment.
 
sivak_c

dma_va is right AP to Re enter is needed only if you have used EAD to work, not otherwise, I think you should recheck with your lawyer.
 
Dma-VA

you are right if you have a valid H1B you can travel on that, and when you enter specify that you have a valid H1B.

Having AP as a back up plan does not hurt either.
 
Re-checked with my lawyer , she said it is MUST , then I applied for AP.

anway it is upto u guys , since he already had EAD , it is no harm to apply for AP . moreover we already waited several years to come to this stage, why to spoil ?

Good luck friends. I am educating the INS rules :)
:)
 
sivak_c, dma_va is right.

One need not required AP to travel abroad if he has valid H1B and working for the same petition employer.

H1B will be void if one uses EAD for employment and filled up form called I-9 with new employer.

I think ur lawyer wants to make money by simply applying for AP when it not needed. More details are mentioned in Murthy chat transcripts.
 
Unbelievable!!

When someone has a valid H1 visa and has not used EAD or AP, then he/she can re-enter the US on the H1 visa.

There are a lot of uneducated, silly lawyers out there who have no clue as to what the law states. I am saying this because I have come across a few ridiculous statements on a first-hand basis.

This only shows that not all immigration lawyers appointed by companies are reliable.

Advise: If anyone seeking a lawyer on their own, check out the firm's credentials and seek references before selecting them.
 
no need for AP if you have a valid visa

dma_va and others are correct!

You do NOT need an AP (though there is no harm in possessing one) if you have a valid H-1B visa. Just 5 days back, my wife travelled on her H-1B and she had no EAD nor an AP. Yes, lawyers (in many cases) take the easy way out and suggest that you need to have EAD and AP. But, it is not necessary.

One, however, has to take care to not invalidate the H-1B by getting an EAD and using it! The moment you use the EAD, I was told your H-1B bids you farewell, though there could be years of validity left on the H-1B.

But, it is also more cumbersome to file for an AP or EAD if it is not filed for at the same time as the 485 application! Till the 485 receipt is received, one can NOT apply for an AP or EAD should the need arise for it. This exactly was the corner that I put myself into!

-Raj
 
to sivak_c

Don't disseminate false information, you're just adding to the confusion to those people concerned.

The rule is – as long as you have a valid H1 visa, you don’t need AP to travel. If for some unfortunate circumstances, your employer canceled your H1, then you can use your EAD as work permit and AP for outside-of-the-country travel.

Maybe you need to consider changing laywers, or is it too late now????
 
OKay friends i will agree with you all.
I checked again with the lawyer .she said AP is required if you have EAD and u have used the EAD. otherwise it is not required .

Can you guys help me .
What is the procedure to Apply for EAD. What do we have to write in column of 16 of for m i-765. This is first time i am applying ofr EAD , what are the documents i have to include . please help me.

since the application processing lawyer is my company lawyer , they will take time to apply for EAD. So i wanted to apply of my own. will it create any problem

thanks
 
sivak_c,

I don't remember the complete list of items that need to accompany an EAD application. But, you definitely need the 485 receipt number and / or Alien registration #. This, I believe, is the way that they tie the EAD application to the 485 filing.

-Raj
 
To Telecomguy

Hi telecomguy

We both are in same status and State (KS). Could you please let me know what is the current position.....

Thanks
2001_filer
 
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