tsramkumar
Registered Users (C)
Friends,
A friend of mine who is a priest on R1 visa (working for a temple here in DC) has applied forI-485 in june,2006. He did not apply for AP. He is planning to go to India and his lawyer says that he have to use AP to enter the US irrespective of the fact that he has 2 more years left in his R1 visa. Isn't ti true that you do not need Ap if you have a valid Visa. I had done that in my case (but H1 visa though). However, I did a search on the weba nd found out this info from http://www.hooyou.com/advanceparole/h1bv-ap.html.
"H-1 B Visa and Advance Parole
As a general rule, an alien who has filed Adjustment of Status in the US need to apply an Advanced Parole and use the Advanced Parole to come back to the US in order to keep his / her Adjustment of Status pending. Conversely, if one travels abroad while his Adjustment of Status is pending without an Advanced Parole, his Adjustment of Status is considered as abandoned even if he comes back to the US with a valid visa.
However, Unlike other visa types, the aliens in H-1 B status who have pending Adjustment of Status do not need to apply for Advance parole to go abroad if they fulfill certain conditions. As long as the H-1 B visa holder maintains his/her H-1 B status before they leave the U.S., he/she may try to apply for a H-1B visa to re-enter the U.S. to work for his / her H-1B sponsoring employer after his/her travel abroad. When he/she comes back to work for his/her H-1B sponsoring employer, he/she is considered as a parolee status and his/her I-485 is preserved. However, he/she does not need EAD to work. Furthermore he/she can still apply for an extension of H-1B status or transfer H-1B status to bring himself/herself back into H-1B status from a parolee status."
Looks like what his lawyer said is correct. Do you guys have any idea abt this?
If it is true, can he get an Emergency Parole now taking an infopass appt?
What are his options? He has to go to India as it is something he cannot postpone at this point.
Please help.
Thanks
TSR
A friend of mine who is a priest on R1 visa (working for a temple here in DC) has applied forI-485 in june,2006. He did not apply for AP. He is planning to go to India and his lawyer says that he have to use AP to enter the US irrespective of the fact that he has 2 more years left in his R1 visa. Isn't ti true that you do not need Ap if you have a valid Visa. I had done that in my case (but H1 visa though). However, I did a search on the weba nd found out this info from http://www.hooyou.com/advanceparole/h1bv-ap.html.
"H-1 B Visa and Advance Parole
As a general rule, an alien who has filed Adjustment of Status in the US need to apply an Advanced Parole and use the Advanced Parole to come back to the US in order to keep his / her Adjustment of Status pending. Conversely, if one travels abroad while his Adjustment of Status is pending without an Advanced Parole, his Adjustment of Status is considered as abandoned even if he comes back to the US with a valid visa.
However, Unlike other visa types, the aliens in H-1 B status who have pending Adjustment of Status do not need to apply for Advance parole to go abroad if they fulfill certain conditions. As long as the H-1 B visa holder maintains his/her H-1 B status before they leave the U.S., he/she may try to apply for a H-1B visa to re-enter the U.S. to work for his / her H-1B sponsoring employer after his/her travel abroad. When he/she comes back to work for his/her H-1B sponsoring employer, he/she is considered as a parolee status and his/her I-485 is preserved. However, he/she does not need EAD to work. Furthermore he/she can still apply for an extension of H-1B status or transfer H-1B status to bring himself/herself back into H-1B status from a parolee status."
Looks like what his lawyer said is correct. Do you guys have any idea abt this?
If it is true, can he get an Emergency Parole now taking an infopass appt?
What are his options? He has to go to India as it is something he cannot postpone at this point.
Please help.
Thanks
TSR