Travel With H1B Stamp--Please help

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kandy17

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Travel With H1B Stamp--Please help

we applied 485 in the month of jan2003.
We(my wife and I) have Valid H1B/H4 Visa stamp on our respective passports. They are good till next year.However,My wife is currently working on EAD and where as I am working with my sponsoring employer on H1B.

Issues:
Can I(Primary applicant) travel to INDIA on H1B stamp?
How about my wife?

Does any of us need Advance Parole?.
Please share your thoughts/experience.
All gurus please help.
 
kandy17 said:
Travel With H1B Stamp--Please help

we applied 485 in the month of jan2003.
We(my wife and I) have Valid H1B/H4 Visa stamp on our respective passports. They are good till next year.However,My wife is currently working on EAD and where as I am working with my sponsoring employer on H1B.

Issues:
Can I(Primary applicant) travel to INDIA on H1B stamp?
How about my wife?

Does any of us need Advance Parole?.
Please share your thoughts/experience.
All gurus please help.
Click to expand...

You can travel on H1B but your wife needs to apply for Advance Parole as she lost her H4 status.
 
Thank you

ar888 said:
You can travel on H1B but your wife needs to apply for Advance Parole as she lost her H4 status.
Click to expand...

Thank you for your message. But when we both return to USA on the same day, will there be any problem at the port of entry.

One more question, My wife works on and off using EAD. will that impact her status.

Thank you in advance.
 
kandy17 said:
Thank you for your message. But when we both return to USA on the same day, will there be any problem at the port of entry.

One more question, My wife works on and off using EAD. will that impact her status.

Thank you in advance.
Click to expand...

There will be no problem. And working on and off does not impact her status.
 
Me and my wife are in the same situation. We travelled in Dec last year without any problems. I was not even aware that she need to apply for AP since her H4 was still valid. We even left and arrived seperately.
 
Thank you all

vip1r said:
Me and my wife are in the same situation. We travelled in Dec last year without any problems. I was not even aware that she need to apply for AP since her H4 was still valid. We even left and arrived seperately.
Click to expand...


You mean to say that you travelled with H1B /H4 stamp and not on AP.

Thanks
 
It always better you and your wife stay on same status, ie, I suggest
you also travel as EAD/AP same as your wife.
 
Talk to a lawyer. I've spent much time reading about what happens when H4 stamp when the holder uses EAD and I have not been able to find a solid answer till date.

If you do, please let us know as well!
 
vijji241 said:
It always better you and your wife stay on same status, ie, I suggest you also travel as EAD/AP same as your wife.
Click to expand...

No need. There is nothing that his wife can do that would impact his H-1B. Her H-4 (when she had it) was tied to his H-1B, but not the other way around.
 
Thank you all

I completely agree with TheRealcanadian and ar888. But as you said, I will consult my attorney tomorrow and will let you know his feedback.

Thanks for the info.
 
Oh yes.. The primary (H1B) is free to travel as you please, because you've not used your EAD. My only concern is about H4 travelling, after having used EAD.
 
Need not panic

As long as your H1/H4 is not expired and you have stamp in your passport peacefully you can go to your country and come back without any problem. This is said in so many threads and legal.
 
Thank you

prospect said:
As long as your H1/H4 is not expired and you have stamp in your passport peacefully you can go to your country and come back without any problem. This is said in so many threads and legal.
Click to expand...

Prospect,

You mean to say that, we both can travel on H1B and H4 stamps respectively. No need to use AP for my wife. If you dont mind, can you please let me know some of the threads(archives).

I read in something same for a different context in murthy chat recently:

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
 
kandy17 said:
Prospect,

You mean to say that, we both can travel on H1B and H4 stamps respectively. No need to use AP for my wife. If you dont mind, can you please let me know some of the threads(archives).
Date : 2001-08-06
Click to expand...

Kandy,

You and your wife WILL HAVE NO PROBLEM while travelling abroad on your H-1B/H4 visas as long as they are valid.
I can't direct you to any documents, sorry, it's based on experience.

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.
 
Yes right

voronv said:
Kandy,

You and your wife WILL HAVE NO PROBLEM while travelling abroad on your H-1B/H4 visas as long as they are valid.
I can't direct you to any documents, sorry, it's based on experience.

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.
Click to expand...


Yes you are right. But you know, you never know. I will wait for my lawyer to get back to me. i will update you guys.
Thx
 
kandy17 said:
You mean to say that you travelled with H1B /H4 stamp and not on AP.

Thanks
Click to expand...

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.
 
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.
Click to expand...

How would BCBP know? They ask the wife - "Do you have an EAD? Are you working?" And at that point things start getting interesting.

The other thing to keep in mind is that wether BCBP or USCIS find out about this or not, the fact remains that using an EAD invalidates the H-4 visa stamp, so any future entrances made with the stamp are invalid. Say USCIS issues an RFE for the tax returns and W-2s, and finds out the wife has been working before entrance on the H-4 visa.

If you can use AP, you are better off doing so.
 
Not to mention that social security office is probably in touch with BCIS. Yes, getting a SSN is not same as working, but if your SSN received social security contributions, BCIS could probably track that. I'm not saying this is happening, but it's theoretically possible.
 
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