Questions about travelling on Advance Parole...

D

dharmkpatel

Registered Users (C)
Hi,

Myself and my wife both are travelling to India in 1st week of January 2002. We both have H1 and H4 status respectively. We don\'t have any H1 and H4 visa stamps on our passports respectively.

Recently we applied for I-485 (Adjustment of Status) and got EAD cards and Advanced parole approval documents.

My lawyer says once you travel on Advance Parole, you lose you H1 and H4 status respectively.

Question is
1) Is it safe to travel to India? On which status?
2) Do we lose our H1 and H4 status once we use Advance Parole for entering USA from India?

Any help is appreciated.
Thanks
 
No Problem in travel with AP

I came back from India on 12/25/2001.

I travelled with AP.

I had no problems at all.
 
Way_2_cool

You had lost your H1 and H4 status when your EADs and Advance paroles were approved. So you and your wife are already no more in the H1 and H4 status. You must use advanvce parole for travel from now on until you get the green card stamp.
 
Question on the same/related topic ....

Do we need to get stamped in the Passport before going to the GC Interview?
 
As I am on H1 right now, and applied for I-485., But, My passport has Expired VISA Stamp. So, Do I need to get New VISA stamped on the Passport or, is it o.k, with out it.

I am Worried in POST 911 world to stay with out passport for about Two months.(Assuming, If I send my passport for stamping will take around TWO months).
  Could some shed some light or help on this Topic ?
Thanks,
Happy Holidays ..
 
no ! not until you work for someone else do you lose H1 status or

only when you travel back on AP...merely getting approved for
AP and EAD does not mean you have lost h1/h4 status
 
Emergency (or Temporary) AP

Folks,
Is there a way to get an emergency (or temporary) AP before its approval. I know that for EAD, after 90 days you can go and collect a temporary EAD at your local INS office. Is there a similar one for AP?

Your info is much appreciated!!!
 
No Title

From what I hear, if you have an emergency situation that you can prove to the INS (letter from doctor regarding illness etc.) you can get AP within 48 hours from your local INS SVC CTR. A friend of mine had to visit her terminally ill mother. She had all related documents, Dr.\'s cert. from India and a few of her mother\'s recent medical reports. The INS officer took a quick look at the Dr.\'s cert + her 485 papers / receipts and asked her to come the next day and collect the AP. However, please keep in mind, this happened sometime early last year. I don\'t know if their policy has changed post 9/11.
 
use AP will not invalidate your H1 and H4

I have used AP to reenter US and still working on H1.
 
No Title

H,Ashishb

Can you share experence how to use AP since I plan to use in the next month including which copies to go where?Thanks in advance!
 
No Title

Everone said that you will lose H1 if you use AP.What happen to you?Please share your information.Thansk!
 
san jay

can u share u\'r xperience or throw some light on the stuff u told abt AP.I am getting conflicting asnwers from everyone including my attorney(a Moron) abt this issue.I appreciate u\'r reply on this regard.
My Situation is like this
My H1 is expiring in end of march and I am not sure whether I will get my
extension by then.I am planing to visit India some time in march and
return most posibly in April.I am planing to apply for advance parole and
use the same if I dont get my H1 extension by then.
Please let me know whether my H1 becomes invalid if I use Advance Parole
for travel. If H1 becomes invalid is it possible to get back to H1 status
once I get my
H1 approved.I am planing to get married while in India and I need to be in
H1 status to get my spouse on H4.
Please let me know what are my options.
 
i disagree

I disagree with this. Once you use AP, your H1 is no more valid.
You can enocunter issues when you apply for

- H1 transfer where I-94 copy is needed
- H1 extension where I-94 copy is needed

Your I-94 will refelect that you were "paroled" not admitted in US
 
H1 invalidate AP !

I disagree with above message that you can switch AP and H1 back and forth. Once you use AP, your H1 is no more valid.

You can enocunter issues when you apply for
- H1 transfer where I-94 copy is needed
- H1 extension where I-94 copy is needed

Your I-94 will refelect that you were "paroled" not admitted in US
 
After you use EAD or Advance Paroll, you will invalidate your H1 visa;

you CANNOT switch back to H1 visa. That is my understanding.
 
Yes you can\'t use AP and H1 , back and forth.

Once swtiched to AP from H1. Can\'t use H1 anymore. If one still tries to use H1 after AP. He will face problems later in H1 extension and transfer. Thats what my understanding is.
 
I used AP to reenter US, working on H1 after that, then get my GC approved

It used to be true that once using AP, you lose your H1. It also used to be true that after you have filed I-485, you lose your H1. All these stuff have changed since 1999 because H1 is now considered dual-intent. Those lawyers knowledge regarding use of AP is obsolete. Fortunately my lawyer is a capable lawyer.

However once you start using EAD, you lose your H1.
 
jim what do u say ?.

U gave completely conflicting ans when contacted by mail.U say i cant return at all on AP ?.
 
No Title

Hi Way_2_Cool:

The mere fact of getting EAD and AP approved does not cancel H1B stattus. H1B will be cancelled only if you use EAD for working. Till the time you do not start using EAD you do not loose H1 and ofcourse H4. Also you will loose H1 if you enter using AP. I am not an attorney.
 
Sanjay

Where did you see this law? I have a valid H1B but in my passport
the visa stamp expired. I just applied for I485. Can I get AP
and use that without having H1B stamp in passport extended in the passport? Please share your I/P...
Thanks
 
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