Travel without Advanced Parole, with EAD & H1B

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NitrousDigital

Registered Users (C)
I hold an H1B working visa for my current employer. Recently (June 2006) I began a family-based greencard application and applied for an EAD and Advanced Parole document at the same time. I received the EAD and Advanced Parole, however, the Advanced parole approval that I received includes a spelling mistake in the middle initial field. This week, I re-filed the advanced parole application in hope that it will be rectified by the USCIS. When I received the EAD, I gave a copy to my employer, even though I still hold a valid H1B for the position.

My Questions are:

1) given my current situation (valid H1B, i-485 filed, EAD given to employer), do I require an Advanced Parole document in order to re-enter the USA if I travel abroad?

2) Since I gave my EAD to my employer (who sponsored my H1B), is my H1B now invalid?

I am very anxious to get answers to these questions ASAP since I am hoping to book a trip for Thanks Giving :D

Many thanks for your guidance!
 
NitrousDigital said:
given my current situation (valid H1B, i-485 filed, EAD given to employer), do I require an Advanced Parole document in order to re-enter the USA if I travel abroad?
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While you may have used the EAD as the basis for your I-9, until you do something to violate the terms of your H-1B (like working for someone else), it will remain intact and you can use it to re-enter.

I'd also suggest that in a worst case, a simple typo in the middle initial may not invalidate your AP either, but I wouldn't guarantee it.
 
Hello TheRealCanadian, is Advanced Parole must for Canadian with 485 pending?

Hello TheRealCanadian,

I am also a Canadian, and I am working/living in US with 485 pending. I have two questions that need your advices. Thank you in advance.

1. How to get Advanced Parole before 12/22/06?

I have a business trip to China that is scheduled on 12/22/06. Currently Advanced Parole requires around 3 months. My current Advanced Parole has expired in June 2006.

How can I get the Advanced Parole before 12/22/06? Please advice.

2. How to speed up my green card process?

My case info:

Priority Date: February, 2002

Green card category: Employment based category 3

Date when filed I-485: March, 2005

Name check/background check done: March, 2005

I recently called USCIS Customer Service Center , and my case is still pending for background check (again). However, my case has passed the background check on March 18, 2005. (at that time, there was no quota for people born in China)

My case is outside the processing time by many months (for people who was born in China), but there is no signs showing that my case will be processed soon. Is there any way to speed up my green card process? Please advice.


Thank you very much for you attention,

Best regards,

Motown
 
NitrousDigital said:
I hold an H1B working visa for my current employer. Recently (June 2006) I began a family-based greencard application and applied for an EAD and Advanced Parole document at the same time. I received the EAD and Advanced Parole, however, the Advanced parole approval that I received includes a spelling mistake in the middle initial field. This week, I re-filed the advanced parole application in hope that it will be rectified by the USCIS.
When I received the EAD, I gave a copy to my employer,
-----------------what was the need to give copy of EAD?
even though I still hold a valid H1B for the position.

My Questions are:

1) given my current situation (valid H1B, i-485 filed, EAD given to employer), do I require an Advanced Parole document in order to re-enter the USA if I travel abroad?
------------------- if you have valid H1 visa stamp in passport you can enter US with valid visa stamp and you will get I-94 based on H1 status
2) Since I gave my EAD to my employer (who sponsored my H1B), is my H1B now invalid?
----------------- did you fill up new I-9 form? if not then you are on H1 status. when you are on H1 status and show the EAD employer may not file H1 extension(to save the Fees) and may ask you to use EAD. remain on H1 status till your I-485 gets approved.
I am very anxious to get answers to these questions ASAP since I am hoping to book a trip for Thanks Giving :D

Many thanks for your guidance!
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