Travel to India on AP - Need Advice

gckosam_1

Registered Users (C)
All Guru's Please help...

I am planning to visit India in November, I have received my AP and EAD already. My H1B VISA is already expired but I have H1B approval till Sep 2008 with my current employer, But I am planning to use my AP while I am coming back to US instead getting my VISA stamp in India

1) If I use my AP does it INVALIDATE my H1B ??? - (If so, Do I have to work on my EAD to my current employer???)

2) Do I need to show my ORIGINAL I485 receipt, while I am returning back to US OR Copy is fine (I have a copy of my I 485 receipt )???

Please advice....Thanks in Advance...
 
Travel on AP _GCKosam

Hi GCKosam,

I used my AP to re enter US on 16th October. I had no problems except the long wait, AP holders are sent to another lobby after the initial screening.

The officer asked about my job title & my employer's name, stamped my AP document & returned it to me, took less than a minute, but the wait to get there was more than an hour.

As a precaution, I had with me my vacation letter, last two pay stubs & my H1B approval valid till end of December 08. My present visa expired 2 yrs back. But this officer did not ask for any of these. Its a good idea to carry your vacation letter & last two pay stubs.

To answer your questions,

1) Using AP does not invalidate H1B as AP is only a travel document. (Using EAD invalidates your H1 B.)

2) You can carry a copy of receipt notice if you want to, but AP document is the most important one.

All Guru's Please help...

I am planning to visit India in November, I have received my AP and EAD already. My H1B VISA is already expired but I have H1B approval till Sep 2008 with my current employer, But I am planning to use my AP while I am coming back to US instead getting my VISA stamp in India

1) If I use my AP does it INVALIDATE my H1B ??? - (If so, Do I have to work on my EAD to my current employer???)

2) Do I need to show my ORIGINAL I485 receipt, while I am returning back to US OR Copy is fine (I have a copy of my I 485 receipt )???

Please advice....Thanks in Advance...
 
Thanks GCchik - One more quick question

Thanks GCchik, for your reply... One more quick question - Did you get your I -94 valid till Dec 2008 (since your H1B valid till Dec 2008) OR just for the period of AP - Thanks

Hi GCKosam,

I used my AP to re enter US on 16th October. I had no problems except the long wait, AP holders are sent to another lobby after the initial screening.

The officer asked about my job title & my employer's name, stamped my AP document & returned it to me, took less than a minute, but the wait to get there was more than an hour.

As a precaution, I had with me my vacation letter, last two pay stubs & my H1B approval valid till end of December 08. My present visa expired 2 yrs back. But this officer did not ask for any of these. Its a good idea to carry your vacation letter & last two pay stubs.

To answer your questions,

1) Using AP does not invalidate H1B as AP is only a travel document. (Using EAD invalidates your H1 B.)

2) You can carry a copy of receipt notice if you want to, but AP document is the most important one.
 
Source: http://www.immigration-law.com/Canada.html

Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.

I think, this is clear info.

Thanks

SRK
 
Travel on AP

They issued me an I-94 valid for one year (for the period of AP). The officer did not ask about my H1, so I did not show that. I have heard people saying that in this country always provide what is asked & not more, else they get very confused.

Have a good trip.

Thanks GCchik, for your reply... One more quick question - Did you get your I -94 valid till Dec 2008 (since your H1B valid till Dec 2008) OR just for the period of AP - Thanks
 
I think issue is not what Officer has asked but your H1 is invalidated and you are on Parolee status (I am not clear what it means by this status and what is validity time frame). I heard that you have to apply again H1 renewal or extension to be back on H1 status. Even I need clarification; Do we continue to work with old valid H1? Or do we have to continue to extend AP after expiration of AP validity, which is usually one year.
 
I think issue is not what Officer has asked but your H1 is invalidated and you are on Parolee status (I am not clear what it means by this status and what is validity time frame). I heard that you have to apply again H1 renewal or extension to be back on H1 status. Even I need clarification; Do we continue to work with old valid H1? Or do we have to continue to extend AP after expiration of AP validity, which is usually one year.

Only if the officer was told about H-1B, (s)he would have used H-1B to allow entry rather than using AP. Read FAQ 5 of AFM Update: Revision of March 14, 2000 Dual Intent Memorandum.

Also, FAQ 3 and 4 together in the above memo explain that parolee AOS applicant can file for H-1B extension upon approval of which AP grant would be terminated. To be able to do this, H-1B shouldn't have expired before departure or during the stay outside the country.
 
Last edited by a moderator:
lprkhoj........Not Always

"Only if the officer was told about H-1B, (s)he would have used H-1B to allow entry rather than using AP"

Not necessarily, this works only if the H1B visa is stamped in the passport, just having approval is not enough.


Only if the officer was told about H-1B, (s)he would have used H-1B to allow entry rather than using AP. Read FAQ 5 of AFM Update: Revision of March 14, 2000 Dual Intent Memorandum.
 
India 62

Having/using AP does not invalidate H1. Using EAD invalidates H1. It is allways good to have your H1 extended even while on AOS, as you have some thing to fall back on should 485 run into trouble.

""Or do we have to continue to extend AP after expiration of AP validity, which is usually one year.[/QUOTE]""

It is not mandatory to renew AP like EAD to maintain the status. You renew AP if you have a need to travel outside the country.


I think issue is not what Officer has asked but your H1 is invalidated and you are on Parolee status (I am not clear what it means by this status and what is validity time frame). I heard that you have to apply again H1 renewal or extension to be back on H1 status. Even I need clarification; Do we continue to work with old valid H1? Or do we have to continue to extend AP after expiration of AP validity, which is usually one year.
 
Gurus,

I need your help. I applied for I485 in 06/2007. I got my AP and EAD. I also applied for my H1-B extension. This is my question -
Can I travel outside of USA with my AP and Receipt of H1-B extension?
OR
Do I need to wait for H1-B extension approval in order to maintain my H1-B status?

I prefer not to use my EAD. Is this possible?

Any suggestions?

Thanks.
 
I found following from http://www.immigration-law.com/Canada.html site under title 10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.

Is this true? I am getting mixed answers. By using AP to travel outside US, do I loose my H1-B status?

Can someone confirm?

Thanks.
 
I found following from http://www.immigration-law.com/Canada.html site under title 10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.

Is this true? I am getting mixed answers. By using AP to travel outside US, do I loose my H1-B status?

Can someone confirm?

Thanks.

That is pretty much I understood from immigrationlaw.com and from my company paralegal
 
here is new information at immigration-law.com

------

10/24/2007: Reinstatement of H-1B Status for Returning H-1B 485 Applicants from Overseas Trip in Advance Parole

There are and will be some H-1B professionals who have to travel on Advance Parole rather than on a H-1B status because of their special circumstances. This includes unmarried professionals who need to maintain a H-1B status so that they can bring their future spouses to the U.S. on H-4 status and apply for the green card process. Under the current USCIS policy and laws, these professionals have two options to reinstate their H-1B status. One is to leave and return to the U.S. using a valid H-1B visa in the passport. This option is available only when they have a valid visa in the passport to return. Second option is to file I-129 H-1B extension petition. The second option does not require the professional to leave the country to reinstate the H-1B status. They can just reinstate their H-1B status within the country. When they take the second option, they should make it sure that they file the H-1B extension petition while their current approved H-1B remains "valid." Accordingly, when they apply for the H-1B extension, they should submit a copy of parolee I-94 together with the valid approved H-1B approval notice.
-----------

I did not understand the 2nd option.
 
Hi GCKosam,

I used my AP to re enter US on 16th October. I had no problems except the long wait, AP holders are sent to another lobby after the initial screening.

The officer asked about my job title & my employer's name, stamped my AP document & returned it to me, took less than a minute, but the wait to get there was more than an hour.

As a precaution, I had with me my vacation letter, last two pay stubs & my H1B approval valid till end of December 08. My present visa expired 2 yrs back. But this officer did not ask for any of these. Its a good idea to carry your vacation letter & last two pay stubs.

To answer your questions,

1) Using AP does not invalidate H1B as AP is only a travel document. (Using EAD invalidates your H1 B.)

2) You can carry a copy of receipt notice if you want to, but AP document is the most important one.
what you mean by vacation letter ??
 
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