travel question :AP or H1B

G

girishb

Registered Users (C)
Hello gurus and members,
Please help me answer with this question...

I have my H1B approved based on I140 pending petition for 3 years and i also have Advance parole which will expire on Aug 9.
I will be traveling to India and returning back on July 18.
When i come back,if i use Advance Parole,Will it change my status ?
Should i get my H1B stamped while in India and enter using H1B?

Appreciate any of your comments.
 
If you enter the country on AP, your H1B would be terminated and you would have to use EAD to work by letting your employer know and use I-9 form. If you can get it stamped, being on H1B is always going to be a safe bet as you wouldn't be immediately 'out of status in case your I-485 is denied' or 'stop working if EAD couldn't be renewed'.

Your lawyer should be able to provide more information. Typically, it is recommended that your lawyer be informed of your travel plans, change of jobs, part time jobs etc after you start your immigration esp I-485 processing - At least, this is what my lawyer told me.


girishb said:
Hello gurus and members,
Please help me answer with this question...

I have my H1B approved based on I140 pending petition for 3 years and i also have Advance parole which will expire on Aug 9.
I will be traveling to India and returning back on July 18.
When i come back,if i use Advance Parole,Will it change my status ?
Should i get my H1B stamped while in India and enter using H1B?

Appreciate any of your comments.
Click to expand...
 
TheRealCanadian said:
Wrong. Please google 'Cronin Memorandum'.
Click to expand...

TheRealCanadian thanks for information.

I have one more added question to it:
I have an extension of H1 and a valid AP. I am planning to visit my home country and would like to apply for H1 visa stamp. Let's say I got 221(g) when I go for stamping H1 and I re-enter US using AP.

On which status would I be?
If I want to work, do I have to use EAD as my H1 got 221(g)?
Is my H1 extension still valid?

Thanks,
 
GCInThisLife said:
If you enter the country on AP, your H1B would be terminated and you would have to use EAD to work by letting your employer know and use I-9 form.
----wrong info


If you can get it stamped, being on H1B is always going to be a safe bet as you wouldn't be immediately 'out of status in case your I-485 is denied' or 'stop working if EAD couldn't be renewed'.

Your lawyer should be able to provide more information. Typically, it is recommended that your lawyer be informed of your travel plans, change of jobs, part time jobs etc after you start your immigration esp I-485 processing - At least, this is what my lawyer told me.
Click to expand...
----------
 
girishb said:
Hello gurus and members,
Please help me answer with this question...

I have my H1B approved based on I140 pending petition for 3 years and i also have Advance parole which will expire on Aug 9.
I will be traveling to India and returning back on July 18.
When i come back,if i use Advance Parole,Will it change my status ?
Should i get my H1B stamped while in India and enter using H1B?
-------------better if you can get H1 stamp as it is going to be more fees for EAD filings in future
Appreciate any of your comments.
Click to expand...
also read below
H1, AP

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to

travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one

may also file an extension of the H1B even after having entered on the AP.

The problem is that there are no USCIS regulations on the dual intent

issues. We only have Legacy INS Memos on this subject from March and May

2000 with the second Memo of May 2000 superseding many sections from the

earlier Memo. Generally, a person is allowed to file an H1B extension as

long as s/he continues to work for the H1B sponsoring employer even if

s/he previously used the EAD or entered on the AP.
 
Ginnu/TheRealCanadian,
Thanks for the information. I have been under the impression that we lose H1B if we enter on AP. One of my friends recently did what I posted i.e, move to EAD informing his employer. Actually, this would be a relief for me too as I am planning to travel to end of this year and kind of worried about this situation. When I asked my lawyer, she told me to get it stamped - may be I didn't ask her specifically.

Thanks again..


ginnu said:
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Click to expand...
 
Last edited by a moderator:
Ginnu / TheRealCanadian

Ginnu/TheRealCanadian,

Can you please clear following situation?

I have an extension of H1 and a valid AP (AOS pending). I am planning to visit my home country and would like to apply for H1 visa stamp. Let's say I get 221(g) when I go for stamping H1 and I re-enter US using AP.

On which status would I be?
If I want to work, do I have to use EAD as my H1 got 221(g)?
Is my H1 still valid or I have to file new H1 extension for the same employer?

Thanks for your time and sharing knowledge...
 
gurus..need help

I need to travel India urgently due to personal reasons. I am working on H1B and I have valid AP and work permit ( valid till July 25th,2007)

My H1B extension/ AP & WP extensions are pending with USCIS.

Can I travel on AP and come back before July 25th ? Does this impact anything ?

Thanks in advance.
 
thanks

thanks so much for the info....this really helps..cleared a lot of doubts from cronin memo...
 
NEED TO TRAVLE TO INDIA ON AP Please help

HI,

My lawer applied for I485 last week along with Advance parol but did not apply for EAD as I still have h1 valid for 2010. He said I dont need EAD to travel to India and I dont need to get stapmed in my passport I can enter with my AP.

Is it correct?
My understanding is that I need to have EAD and AP to travel abroad


Thanks
 
If you are in valid H-1B and plan on maintaining it, you do not need EAD or AP to travel abroad. If you plan on maintaining your H-1B employment, it's actually better not to show your advanced parole when you return to the US (assuming your H-1B visa is valid).
In either case, the purpose of the EAD is to allow employment in the US, NOT to allow travel to the US. The EAD is NOT required for entry, although many people seem to prefer to have it because they want to be able to prove that they can sustain themselves financially in the US in case the border inspector asks. In your case, however, you are employed as an H-1B, so that is proof of financial sustenance.
 
Last edited by a moderator:
Question on AP.

Ginnu and other senior folks,
Hope all is well. I am wondering about the following about travel on AP.

I have my 8th year H1B extension pending (7th year H1B already expired) and I don't have EAD as I continued to work on H1B for same employer. I have a valid AP and I want to travel...Is it ok to travel ?? is there any risk at the port of entry i.e. No EAD or approved H1B with me ??
I only have the receipt of my H1B 8th year extension..

Please share your insight.....

Thanks a lot in Advance !
 
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