Travelling on AP without evoking EAD??

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gcusa101

Registered Users (C)
Guys,
Can we travel on AP without filing an I-9 form for change of status from H-1 to EAD? basically can I just use my AP to come in and out of the country while working on an approved H-1B petition without getting that h-1 visa stamped? Would that be illegal?
 
Gurus, Could you pl. advise me on my wife’s situation for re-entry to US? I would really appreciate your feedback. Below are the details.

My wife received EAD and AP in 10/2007 based on my pending I-485 application. Meanwhile, she got her own H1-B in 10/2007, but she did not work on her H1-B as she didn’t find any project through her consulting company (she is on bench since 10/2007). We are planning to go to India for couple of weeks and NOT planning to get visa stamped at US embassy. My question is as below.

1. As she is not having any pay stubs from her consulting company, is she considered out of status right now even though she is holding EAD and AP based on my pending I-485 application?
2. Can she come back to USA on her Advanced Parole based on my I-485 application?
3. I will be using my AP for re-entry, meaning I will be also on parolee status. After coming back from India, can I apply for her visa transfer from her H1-B to H4?
4. Anyone foresee any issues while we come back from India?

Thanks in advance for your help.
 
ravipadaki said:
1. As she is not having any pay stubs from her consulting company, is she considered out of status right now even though she is holding EAD and AP based on my pending I-485 application?
yes if she is violating the visa rule with no pay. But she now has filed for her 485 as your dependeant, she is eligible to stay in the country as an adjustee.
2. Can she come back to USA on her Advanced Parole based on my I-485 application?
Yes she can come into the country with her AP based on her 485 application (she will need to have the 485 receipt as well) not yours.
3. I will be using my AP for re-entry, meaning I will be also on parolee status. After coming back from India, can I apply for her visa transfer from her H1-B to H4?
With an approved H1 petition but no stamp , you can reenter using an AP and continue to stay here on your h1.
She can stay in US as an adjustee, she doesnt need a H4 until her 485 application is approved or a decision is made.
4. Anyone foresee any issues while we come back from India?
Nope, unless you guys dont have your AP and your 485 receipt while re entering.
Click to expand...

find my answers inline.
 
Should we carry a continued employment letter from HR.

I asked legal if we should carry a letter from HR confirming continued employment with my current employer while planning to return back on AP. The answer basically stated it is always a good idea. So now Guru's, what would be the format of this letter..

Thank you,
nk
 
nkimmigration said:
I asked legal if we should carry a letter from HR confirming continued employment with my current employer while planning to return back on AP. The answer basically stated it is always a good idea. So now Guru's, what would be the format of this letter..

Thank you,
nk
Click to expand...


Any thoughts any one? Please..
 
It should mention your title, job start date, continuing employment in good standing. A brief job description will also be fine.
HR of your company will have their own format of this letter. Just use that.
 
prq20 said:
It should mention your title, job start date, continuing employment in good standing. A brief job description will also be fine.
HR of your company will have their own format of this letter. Just use that.
Click to expand...

Thank you prq20. Appreciate the reply.
 
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