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Travel With H1B Stamp--Please help
- Thread starter kandy17
- Start date
Lawyer got back
All,
My lawyer got back to me the other day: Following are his arguments and suggestions:
a) He told me to travel with Advance parole inspite of having valid H1B Stamp. Even though I am not USING EAD.
Argument: My wife got EAD because of my GreenCard. Even her H4 Status is valid because of my H1B status.
The other suggestion he made: Inform the situation to immigration officer and ask him to take the judgement call.
I am a confused. We had almost half hour conversation. Guys, If you have some good argument points, please let me know or if you have any other valid proof, please share it with me.
One more thing is, We are returning to this country on the same day.
Thanks
Kandy
vip1r said:My wife had applied for received her EAD, but not started working on EAD yet. So she travelled with her H4. I didnt know that using her EAD she would have to use AP.
Was planning a vacation next month. Did not know this. Please definitely post the answer.
All,
My lawyer got back to me the other day: Following are his arguments and suggestions:
a) He told me to travel with Advance parole inspite of having valid H1B Stamp. Even though I am not USING EAD.
Argument: My wife got EAD because of my GreenCard. Even her H4 Status is valid because of my H1B status.
The other suggestion he made: Inform the situation to immigration officer and ask him to take the judgement call.
I am a confused. We had almost half hour conversation. Guys, If you have some good argument points, please let me know or if you have any other valid proof, please share it with me.
One more thing is, We are returning to this country on the same day.
Thanks
Kandy
kandy17 said:All,
My lawyer got back to me the other day: Following are his arguments and suggestions:
a) He told me to travel with Advance parole inspite of having valid H1B Stamp. Even though I am not USING EAD.
Argument: My wife got EAD because of my GreenCard. Even her H4 Status is valid because of my H1B status.
The other suggestion he made: Inform the situation to immigration officer and ask him to take the judgement call.
I am a confused. We had almost half hour conversation. Guys, If you have some good argument points, please let me know or if you have any other valid proof, please share it with me.
One more thing is, We are returning to this country on the same day.
Thanks
Kandy
He is WRONG. If you are still working for the same company on H1B and your 485 is pending, you can travel using H1B, but your wife have to use AP as she used EAD to work.
Last edited by a moderator:
kandy17 said:All,
My lawyer got back to me the other day: Following are his arguments and suggestions:
a) He told me to travel with Advance parole inspite of having valid H1B Stamp. Even though I am not USING EAD.
Argument: My wife got EAD because of my GreenCard. Even her H4 Status is valid because of my H1B status.
The other suggestion he made: Inform the situation to immigration officer and ask him to take the judgement call.
I am a confused. We had almost half hour conversation. Guys, If you have some good argument points, please let me know or if you have any other valid proof, please share it with me.
One more thing is, We are returning to this country on the same day.
Thanks
Kandy
Whether you use H1 or AP - it's not a big issue. There is no point of wasting time by confusing yourself.
1. As your wife is using EAD, she must use AP.
2. As you are working on H1, you can either use your H1 stamp or your AP. Point to note that, if you use AP, that's not going to change your H1 status. After coming back, you will be still working on H1 status. In future again, you can either use your AP or H1 for re-entry. Bottomline is that whatever you use, that's not going to make any difference or issue in your life.
I think your lawyer asked both of you to use AP just to keep it simple. As you will go to POE officer desk together, it's much simple and less confusing to hand him/her over both passports laongwith both APs.
I dont think it is the question of immigration service knowing. You should not do any illegal thing as it may haunt you till you get your citizenship .. or maybe even later.voronv said:Ask yourself: how immigration service would know that your wife has used her EAD at work? Do you believe her employerwould inform the USCIS?
There is not such a record in immigration computers. There are only 2 basises that her H4 visa could be cancelled: 1) visa expired 1) promary H1-B is not valid anymore.
Kandy, even the murthy question you posted above very clear that if the person uses an EAD, the only way to travel is AP.kandy17 said:Question : Myself and my wife are in H1 and H4. She got her EAD can she travel out of USA in H4?
Answer : Travel out in any status is not a problem. Only at time of reentry she can enter on either H4 if not working or on Advance parole if she is using the EAD to work.
Date : 2001-08-06
PremChopra
Registered Users (C)
This is what attorney Murthy has to say on this
http://www.murthy.com/chatlogs/chat0614.html
Chat User : Murthyji, can my wife on H-4, currently working using EAD, reenter the country using an existing H-4 stamp? I'm maintaining my H-1 and my AP is pending. Any risk?
Attorney Murthy : Based on the USCIS policy, it should be possible for the spouse to enter on the H-4 status and then be able to work on the EAD if that is valid and has not yet expired, though the safer course of action is for the spouse to enter on the AP if the person wishes to start working right away. Of course, if the AP is still pending, then the person is taking a risk by attempting to enter after it has been approved since the CBP Inspector could end up denying the person entry to the U.S. on the AP for having departed the U.S. before the AP was approved.
http://www.murthy.com/chatlogs/chat0614.html
Chat User : Murthyji, can my wife on H-4, currently working using EAD, reenter the country using an existing H-4 stamp? I'm maintaining my H-1 and my AP is pending. Any risk?
Attorney Murthy : Based on the USCIS policy, it should be possible for the spouse to enter on the H-4 status and then be able to work on the EAD if that is valid and has not yet expired, though the safer course of action is for the spouse to enter on the AP if the person wishes to start working right away. Of course, if the AP is still pending, then the person is taking a risk by attempting to enter after it has been approved since the CBP Inspector could end up denying the person entry to the U.S. on the AP for having departed the U.S. before the AP was approved.
TheRealCanadian
Volunteer Moderator
Be careful
Murthy's response leaves one significant area open. It is established USCIS policy that a violation of one's status automatically invalidates a passport visa stamp. Therefore, if a spouse has already started working using the EAD, the H-4 visa stamp is automatically invalidated and cannot be used for re-entry unless a new one is obtained.
If the spouses has never worked but has obtained an EAD, the H-4 can probably be used for re-entry even if the spouse wishes to start work soon afterwards. If the spouse already has started working before departure, my gut tells me that the H-4 visa stamp has been invalidated and cannot be reused for entry.
Murthy's response leaves one significant area open. It is established USCIS policy that a violation of one's status automatically invalidates a passport visa stamp. Therefore, if a spouse has already started working using the EAD, the H-4 visa stamp is automatically invalidated and cannot be used for re-entry unless a new one is obtained.
If the spouses has never worked but has obtained an EAD, the H-4 can probably be used for re-entry even if the spouse wishes to start work soon afterwards. If the spouse already has started working before departure, my gut tells me that the H-4 visa stamp has been invalidated and cannot be reused for entry.
GCJaisaKoiNahi
Registered Users (C)
a out of line question..
if I use H1 stamp and my wife uses AP, what would be our expiry dates on I 94? One more question is, do we HAVE to HAVE i485 receipt when we re-enter on AP? What will happen if we do not carry it? anyone is this situation?
-Thanks
if I use H1 stamp and my wife uses AP, what would be our expiry dates on I 94? One more question is, do we HAVE to HAVE i485 receipt when we re-enter on AP? What will happen if we do not carry it? anyone is this situation?
-Thanks