Travel Abroad - Advanced parole

J

Jagabalia

Registered Users (C)
In coming Dec I am visiting India and will come back in Dec 26th, 2003. Currently I am in AOS (I485) and am also continuing my H1-B as per co. policy. My H1-B is going to expire in Jan 19th 2004 and will send soon my appln to my company lawyer for my H1 extension.

Whether there is going to be any problem at the port of entry, as my passport showing H1-B expiring on 19th Jan 2004 after 25 days ( By that time I will have the new H1-B extension filing receipt #) or Do I need to carry advanced parole ( For this I need apply now!)?

Any suggesting is highly appreciated!

Jagabalia
 
There should be no problem coming in on a valid H1. In fact 25 days is a long time to file your extension.

You should not use AP to re-enter as that would invalidate your H1 status and you would then need EAD to continue your employment.
 
thanks!

I just want to know whether anybody has such experience.

But as per my lawyer, entering on AP will not invalidate H1-B.
 
jahanpanah said, "You should not use AP to re-enter as that would invalidate your H1 status "

I don't think he is right AP and H1 are completely different things. AP is Advance parole and does not invalidate H1. You can have both AP and H1 at POE and use what ever you like. But if you use your EAD for work then off-course you need to have AP and use it for traveling aboard. H1 have double purpose one it is a temporary work permit for the company filed on someone’s behalf second it can be used as visa to come back after a short period of absence to USA. AP has only one purpose and it is only a travel document and can be used with H1 or EAD as long as someone has a pending case (I485).

Therefore using AP does not invalidate H1. I might be wrong but this what I understand and have AP, EAD and use only H1 for travel to Canada every other week and I never have a problem using my H1. In fact I traveled to Canada and come back on Sep 28 just to days before my First H1 expires. I have also extended my H1 for the second time and will use it till my I485 is approved.

It is also good Idea to have a valid AP with your H1 when you travel.

This is just my opinion the best thing to do is to ask your lair (lawyer)


Regards,
 
I had the same question

I have an H1 which is not stamped on my passport (after change of status to H1), and I obtained AP. I was planning on travelling this coming holiday season. My attorney, informed me that I have two options. One is to get an H1 visa stamp and use it for entry. This way I will maintain the H1 status. The second option is I use the AP for entry. He said this would invalidate the H1, and I will be admitted as parolee not as a non-immigrant worker (H!).

Do not try to learn from my or other's experience. I would suggest that you check with your attorney for this, as every case is different.

Good Luck.
 
I would like to point out the big difference between obtaining an advanced parole Vs using the advanced parole.

having the EAD or advanced parole does not mean you are on Parolee status. but my understanding is that once you use the EAD to work or use the advanced parole to enter the US, you are on parolle status which removed you from being on H1B/H4/L1/L2 statuses.

As long as you are still working for the employer that sponsored for H1b, it would better to simply use the h1 as both the work permit and the travel document. but once you go to parollee status i dont think you can come back.

now, i dont see any advantages of being on either status as far as travel goes for the most part (unless you are outside when the 485 gets approved).

anybody have any views on that?

prashant.
 
Yesterday only i returned from India after a short trip. My h1-b was valid even though i used AP and everything went well.
 
I am agree that AP once issued is not invalidating your H1B. But if you use EAD or AP (your A# will go into their system) and it will invalidate your H1B.

jahanpanah , as you mentioned , it is telling about obtaining...not using..
Here is the line used in this FAQ at murthy.com ... http://www.murthy.com/485faq.html#7

Just because you obtained an Advance Parole document does not mean that you are required to use it.

My 2 Cents..
 
H1 is NOT invalidated by just using AP

If You use AP to enter US and have valid H1 , your H1 status is not lost . Its only invalidated if you use your EAD .The time you use your EAD your H1 status is lost .

I have talked to my lawyer in this regard and he has confirmed me about it .

Please read the following and you will understand all the aspect of using AP under various circumstances.

http://murthy.com/UDnewins.html

Still if someone persists with the notion that you loose your h1 status if you use AP to enter US (and have never used EAD ) please substantiate your view point .
 
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