Travel on AP - Confusion

[ganjamachu]

I hold an EAD and an Advance Parole document through my green card application, which I received in October 07. I am currently on H1B and my H1B transfer from company A to B is still pending at the USCIS. I am planning to undertake a travel outside the USA next year and may be using the advance parole document to re-enter the USA. I have the following questions regarding the use of an AP document:


1) If I use my AP document, will it invalidate my H1B visa? What I understood from hearsay is that one could still continue working on H1B with the same employer, but future H1B extensions and transfers will not be possible. My H1B petition would still remain valid till the time of its validity. Is this information valid? Can I work on my EAD, if this will be the safest option to do so in the event I want to use my AP?

2) If I use my EAD now, while my H1B transfer application is pending at USCIS, will there be any issues?

3) Can I travel on AP when my H1B is pending?

4) Can I travel outside USA when I have not received FP notification? I have AP though.

PS: I AM A DERIVATIVE APPLICANT and my husband is the primary applicant of our Green Card Case.

Thanks.

 

[mmed]

I hold an EAD and an Advance Parole document through my green card application, which I received in October 07. I am currently on H1B and my H1B transfer from company A to B is still pending at the USCIS. I am planning to undertake a travel outside the USA next year and may be using the advance parole document to re-enter the USA. I have the following questions regarding the use of an AP document:


1) If I use my AP document, will it invalidate my H1B visa? What I understood from hearsay is that one could still continue working on H1B with the same employer, but future H1B extensions and transfers will not be possible. My H1B petition would still remain valid till the time of its validity. Is this information valid? Can I work on my EAD, if this will be the safest option to do so in the event I want to use my AP? Using AP will Not invalidate your H status by any mean. Using EAD will do

2) If I use my EAD now, while my H1B transfer application is pending at USCIS, will there be any issues? Yes, Using EAD will invalidate your H and even if your extension granted and you want to resume your H status you have to go outside the US and reenter back by H stamp and new I-94

3) Can I travel on AP when my H1B is pending? You can travel with the AP with or without pending H if the H granted or denied, it does not matter

4) Can I travel outside USA when I have not received FP notification? I have AP though. For sure you can and when USCIS issued that to you they know that you have not done FP yet

PS: I AM A DERIVATIVE APPLICANT and my husband is the primary applicant of our Green Card Case. Does not matter
Thanks.

Sure

 

[ganjamachu]

Thanks for your time. I am greatly relieved.

So, if I travel on AP before my H1 transfer is approved, I can still re-enter on AP and use my EAD for work right? It wont have any legal implications, irrespective of whether I left the country while my H1 was pending, or my H1 was rejected, right?

Also, if I use EAD right now, when H1 is pending, the H1 will become invalid, how ever it will not lead to any legal issues or issues with my GC application right?

 

[mmed]

Thanks for your time. I am greatly relieved.

So, if I travel on AP before my H1 transfer is approved, I can still re-enter on AP and use my EAD for work right? YEEEEEES It wont have any legal implications, irrespective of whether I left the country while my H1 was pending, or my H1 was rejected, right? YEEEEEES

Also, if I use EAD right now, when H1 is pending, the H1 will become invalid, how ever it will not lead to any legal issues or issues with my GC application right?

Those are 2 separate issues; GC application and H appication and/or extension. Granting GC for sure will invalidate the H (either pending or approved) but approval/denial of the H by itself, using AP, using EAD has nothing to do with your GC application.