Travel after applying for I140

chandery

New Member
I want to know after I submit my application for GC (NW I140) can I still travel to India and comeback using the current visa (I have valid visa till 2007).

Thanks
yogesh
 
If you not submitted I-485 as yet ...YES
If you have submitted I-485
You need to take permission...which is essentially Advance Parole!!
 
Not true

Isnt it true that if you are coming back on your H1 and not using your AP to come back, you dont have to apply for your AP. If you are using your EAD thats when you need your AP to come back.
 
NIW_NSC said:
Isnt it true that if you are coming back on your H1 and not using your AP to come back, you dont have to apply for your AP. If you are using your EAD thats when you need your AP to come back.

I assume this person is not using EAD and is on H1 and filed just I-140 not I-485 then he can come back on H1B.

The moment you file I-485 and want to travel outside ...its good to have AP with you...this answer was given by our local INS office......You can re-enter using stamped H1B......
moreever..pl elaborate...i quite didn't understand this.."Isnt it true that if you are coming back on your H1 and not using your AP to come back, you dont have to apply for your AP".
 
I beleive he is asking whether we shd apply AP when we know we are not going to use to owing to having valid H1B stamped...

my answer will yes and No

I also similar reply as eb1doc when i asked this query to local officials..they said even ifyou have valid H1b its good to travel with permission.....strictly applicable when you have pending I-485.......
 
explaination given to me was what if I485 gets approved when u r abroad...then technically you are not adjusting status
read this ....posted earlier!!
"Given the unpredictability of processing times, it is possible for the I-485 to be approved while one is traveling abroad. Therefore, although H-1/H-4 and L-1/L-2 holders can travel without advance parole, it is best not to do so. This is particularly true for individuals who do not have valid visas in their passports. If the I-485 is approved while an individual is abroad, s/he is no longer eligible for nonimmigrant (temporary) status. The best situation is for the individual to have advance parole, which makes travel possible, and to explain the fact of approval at the Port of Entry. The worst situation is if an individual does not have advance parole and plans to obtain an H or L visa at the consulate for reentry. If the I-485 is approved while this person is abroad, s/he is not eligible for the H or L visa at the consulate. Without other documentation permitting travel, one would not be allowed to board the plane without a travel document or valid visa stamp in the passport."
 
I filed for my 140 & 485 for myself and my my wife. Both of us are on our H1B's. We did not apply for EAD & AP yet since I just replied to my 140 RFE and want to wait on the outcome before I apply. Now, my wife is planning to travel to India. My lawyer told me that as long as she is entering on her H1B she does not need an AP and its not madatory to apply for one. Same is true for me too. However, if she uses her EAD is when her H1 is no longer valid and thus needs her AP to come back. Of course..all this is true as long as 485 does not get approved while out of the country. my country is retrogressed and so.....

As far I as know, AP is like insurance in case you have some issues coming back on your H1. If you have a different opinion, please do share it here.
 
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H1B1 Stamping and AP

I heard the other sideof thestory, If you have AP(NO EAD) and come back in AP , unless your H1B1 has passport hasstamping (not status) you cannot continue to work in H1B1, Is this true?
 
You are fine to travel on H1-B

I was in a similar situation. I filed I-140 and I-485 concurrently, but did not apply for EAD/AP as I had 2+ years left on my H1-B.

I traveled abroad several times and used my H1-B to return. As far as the immigration officer at the airport was concerned, I was on an H1-B. No problems whatsoever.

-bltzkrig
 
bltzkrig said:
I was in a similar situation. I filed I-140 and I-485 concurrently, but did not apply for EAD/AP as I had 2+ years left on my H1-B.

I traveled abroad several times and used my H1-B to return. As far as the immigration officer at the airport was concerned, I was on an H1-B. No problems whatsoever.

-bltzkrig
I had such travel plans but local immigration officers discouraged me to travel without AP even though i had valid H1b Stamped. They said at POE they will not care...but if you have travel without advance permission AP ur security check might ( delay in I485 approval) get delayed as they will have some records of your travels without permission. It is good idea to obtain AP....these were his suggestions not mine!!!
 
That means that we keep the AP just to be on the safe side and enter on the H1 but need not show the AP at the port of entry right ? So, on the back of the I-94, the officer at the POE still writes H1B ?

Also, does one have to receive the approved AP to travel or can one apply for it and leave the country and receive it before you enter the US? Just curious.
 
The thing is that I was never convinced with his answer.
But as per him yes i should have had aproved AP.....
I was planning for conference trip which eventually i cancelled as I was confident thati could re-enter country with H1b but that time there was chance that i might get I485 also approved.....(as they were randomly approving that time....and we all were current).............Getting I485 approved outside country without AP is not good!!
 
MrGC2004 said:
I had such travel plans but local immigration officers discouraged me to travel without AP even though i had valid H1b Stamped. They said at POE they will not care...but if you have travel without advance permission AP ur security check might ( delay in I485 approval) get delayed as they will have some records of your travels without permission. It is good idea to obtain AP....these were his suggestions not mine!!!

I based my decision to not apply for AP based on the advise of my lawyer. What he told me seems in line with the cronin memo mentioned above. Basically, if you have AP and a valid H1-B stamp, you may choose to return on either of them.

BUT, once you use the AP, your H1-B status is no longer valid. THEN, if your I-140/I-485 is denied, you're out of status! Since I was applying in the EB1-OR category where I wasn't sure of the success of my application, I was advised to travel on the H1-B, and not bother with the AP.

Please see http://uscis.gov/graphics/services/emergency/index.htm. The section on Advance parole clearly states that the AP requirement for re-entry does not apply for people on H1-B.

As far as what happens if the I-485 is approved while one is outside the US, and whether travel without AP affects one's I-485 processing - I have no clue. I must have traveled abroad about 4-5 times in the Dec '04-Sep '05 period while my application was under processing.

Please do not consider the above as advise. I am simply recounting my situation. Its best to consult a competent lawyer. CIS policies keep on changing.

bltzkrig
 
thanks for sharing experience!
just wanted u to recheck this statement which I beleive might not be true "

"once you use the AP, your H1-B status is no longer valid"
 
eb1doc said:
thanks for sharing experience!
just wanted u to recheck this statement which I beleive might not be true "

"once you use the AP, your H1-B status is no longer valid"

That was my (somewhat simplistic) understanding of the situation. I could be wrong. Does that mean one can retain one's H1-B non-immigrant status even if paroled into the US on an AP? Under what conditions?

bltzkrig
 
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my friends have done this in the past, used AP to reenter and cotinue to work in h1b1 without being stamped, but legally once you are paroled, your h1 b1 status is not valid, my lawyer told me this to me, i have AP, BUT STILL WILL GO TO CANADA FOR STAMPING TO COME BACK AND WORK, THANKS
 
I have used my AP to travel abroad and came back.
I didn't have any problem with working on my current H1B.
As long as you don't change job or employer, you are fine. You don't need re-stamp.
I have extended my H1-B succesfully recently without any problem.
Hope this helps.
 
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