Travel with Advance Parole

[girimm]

Hi All:

I am planning on using my AP to re-enter the US after my forthcoming India trip. I have a valid H1B, but the stamp in my passport has expired and hence the need to use the AP.

Anyways, according to a friend of mine, his lawyer told him that the H1B would become invalid if AP is used to re-enter the US even though he is not using the EAD. I find that hard to believe and don't think thats correct, but I wanted to get some confirmation from the board here.

Also, anyone encounter any bad experiences traveling with the AP? I keep hearing about secondary inspection, etc. Not sure what is involved here.

Thanks.

 

[TheRealCanadian]

Originally posted by girimm
Anyways, according to a friend of mine, his lawyer told him that the H1B would become invalid if AP is used to re-enter the US even though he is not using the EAD. I find that hard to believe and don't think thats correct, but I wanted to get some confirmation from the board here.

Using AP doesn't invalidate the H-1B, but once you enter with AP, you must use the EAD to work on that visit. If you leave the US and re-enter on the H-1B, you don't need the EAD.

 

[girimm]

Re: Re: Travel with Advance Parole

Originally posted by TheRealCanadian
Using AP doesn't invalidate the H-1B, but once you enter with AP, you must use the EAD to work on that visit. If you leave the US and re-enter on the H-1B, you don't need the EAD.

Regarding your second point it seems to contradict what I saw on the following link:

http://www.murthy.com/UDnewins.html

- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

So, is the information in the link not correct anymore..?

Thanks for the response.

 

[i131]

Murthy is correct, she means the _same employer_. To put it in different words, you don't need an EAD to work for employer(s) you had I-797 for, but you cannot work for any others.

Regarding the AP, yes, if you will ever use one, your previous visa ( or status ) will become invalid.

HTH