Traveling to India with Advance Parole

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001

Registered Users (C)
Hi,

I like to know the pros and cons on traveling with Advance parole to india. My grandfather is not feeling well and need to visit him. I do have valid H1B visa, but not stamped on the passport. I have the AP in my hand and expecting EAD anytime. My questions are

1. Do i need EAD to come back to usa with AP.
2. Will there be any problems in coming back to USA on AP.
3. Shall i need to get my H1B visa stamped here or in india
to come back safely.
4. Do anyone know anyone who came across problems while entering USA.
5. Is it 100% safe traveling to india on AP with H1B visa stamped.

Please write me your experience with AP on traveling outside USA.

Gurus, please help me this is very important for me.

Thanks,
 
I like to know the pros and cons on traveling with Advance parole to india. My grandfather is not feeling well and need to visit him. I do have valid H1B visa, but not stamped on the passport. I have the AP in my hand and expecting EAD anytime. My questions are

1. Do i need EAD to come back to usa with AP.
EAD is only for authorizing employment, not for travel. You will need either a visa or Advance Parole to re-enter US.

2. Will there be any problems in coming back to USA on AP.
Why do you think so? AP is exactly for that, returning to US when AOS application is pending. Do you have any criminal or other issues that will exclude you fron entering?

3. Shall i need to get my H1B visa stamped here or in india
to come back safely.
Getting H1 visa or using AP is your choice. One is not "safer" than the other.

4. Do anyone know anyone who came across problems while entering USA.
No, I personally don't know.

5. Is it 100% safe traveling to india on AP with H1B visa stamped.
You only need an indian passport to travel to India. When you leave india you should have a valid entry document for US (a valid visa, AP, green card, US passport, etc)
 
Hi nkm-oct23,

Thanks for you reply. Actually my last question is

5. Is it 100% safe traveling to india on AP without H1B visa stamped and coming back to USA.

If you travel before with AP can you please share me your experience. Also what is your advise to me,shall i get stamped my visa after going to hyderabad(india) or just come back using AP.

Thanks,
 
Originally posted by 001
Hi nkm-oct23,

Thanks for you reply. Actually my last question is

5. Is it 100% safe traveling to india on AP without H1B visa stamped and coming back to USA.
There is no such thing as a "safe" or unsafe mode. You either have a valid travel document or you do not. If you have a valid entry document to the US like AP or a visa the airline in India will allow you to boards the flight. Otherwise they won't. Once you arrive at a US port of entry you can use either AP or H1b to enter. This assumes that you are currently on a valid H1b approval. If you have used EAD to seek employment or to update employment quthorization with your current employer you are no longer in H1 status and you will be admitted into US only with AP.

If you travel before with AP can you please share me your experience. Also what is your advise to me,shall i get stamped my visa after going to hyderabad(india) or just come back using AP.
I have never had AP ever, so no personal experience.
Click to expand...
 
You can travel with AP...

Hi,

According to my understanding:

The latest "I-94" overrides the older one. So if you travel with AP while coming back, your I-94 will say "Adjustee". You will not be in H-1B any more. So you are supposed to use your EAD to work.

And to go back to H-1B (hopefully you will not need to), one will have to apply for fresh H-1B. And with given cap of 65000 H-1Bs, it gets tougher.

So if you want to maintain your H-1B for back-up, need to take VISA stamp and preserve you H-1B status.

Hope this helps
 
Re: You can travel with AP...

Originally posted by sv20
Hi,

According to my understanding:

The latest "I-94" overrides the older one. So if you travel with AP while coming back, your I-94 will say "Adjustee". You will not be in H-1B any more. So you are supposed to use your EAD to work.

And to go back to H-1B (hopefully you will not need to), one will have to apply for fresh H-1B. And with given cap of 65000 H-1Bs, it gets tougher.

So if you want to maintain your H-1B for back-up, need to take VISA stamp and preserve you H-1B status.

Hope this helps
Click to expand...

This is not correct. If you seek entry as a Parolee you can still continue to work with the employer whose H1 approval you have.
Use of EAD is not required just because you entered US using AP.
 
Re: Re: You can travel with AP...

Originally posted by nkm-oct23
This is not correct. If you seek entry as a Parolee you can still continue to work with the employer whose H1 approval you have.
Use of EAD is not required just because you entered US using AP.
Click to expand...

Hi,
Firstly I agree that just using AP does not make you lose your H-1B approval. Using EAD does nullify the H-1B.

This is the info I got from my company lawyer:

Unless your company takes a copy of the I-94, they do not know that you are a parolee and hence they assume you are in H-1B. My company keeps my I-94 copy and they make sure that my work authorization documents (H-1B or EAD) reflect the status that my I-94 reflects.

My lawyer even told me that if I had to enter using AP and if I want to work using H-1B that was approved before the date I entered the country using AP, I will have to go out of the country and again enter with a H-1B stamp to retain my H-1B status. Otherwise I would be considered a Parolee and will have to use EAD.
If I use AP, I have the option of going out of the country and getting a H-1B stamp and re-enter. But if I use EAD, I kind of give-p my H-1B status.

This is also kind of similar to what I have been readign at different sites like usvisanews.

Again, I do not claim that what I am saying is 100% correct, but please note that it is very likely to be correct and hence it is worthwhile double checking things.
 
I recently came back on an Advanced Parole. My situation was very similar to yours. I did have a H1 that was not stamped. At Chennai, I just mentioned to the emmigration officer that I have an Advanced Parole and he was fine with it. At Washington Dulles, the officer checked my Parole and stamped me till the date the Parole was valid. I also did another trip to Canada recently and the officer at the airport just stamped me on the same Parole document that I had earlier used. I dont think you would have any problems. I never mentioned about H1 or was asked about it.
 
Thanks for all your help.

pphs,

As you said looks your case is similar to mine, so Can you please give me your email address so that i can email u if i have any questions.

Thanks
 
pphs,

Iam sorry to bother can you please give me your email address.

001,

Can you please write me your experience after coming back to USA.

thanks
 
If I use AP, I have the option of going out of the country and getting a H-1B stamp and re-enter. But if I use EAD, I kind of give-p my H-1B status
Click to expand...

My understanding (and confirmed by a lawyer in murthi's firm long ago) is even if you are in EAD and have used AP you can always go back to H1-B (provided you have a existing valid H1-B approval) by going out of the country and get stamped .

So using EAD does not result in losing your h1b status completely
 
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