Travelling to India with stamped H1B/ AP under process

S

shanarora

New Member
I have a question regarding Advance Parole and i will really appreciate if anyone can help.

Although my H1B was stamped, i applied for AP. I am travelling to India on Nov 2, 2007 and I will return to US on H1B.
My questions are:

1. If i don't get my AP till Nov 2 and i travel to India, will my I-131 application ( Advance Parole) be abandoned ?
2. Can travelling with AP under processing ( assuming it is not approved by Nov 2 ) , affect my AOS ? I will use my stamped H1 to enter.

Thanks
 
shanarora said:
I have a question regarding Advance Parole and i will really appreciate if anyone can help.

Although my H1B was stamped, i applied for AP. I am travelling to India on Nov 2, 2007 and I will return to US on H1B.
My questions are:

1. If i don't get my AP till Nov 2 and i travel to India, will my I-131 application ( Advance Parole) be abandoned ?
2. Can travelling with AP under processing ( assuming it is not approved by Nov 2 ) , affect my AOS ? I will use my stamped H1 to enter.

Thanks
Click to expand...
Ans 1) You dont need AP as long as you hold H1B status
Ans 2) No
 
From my attorney's office:

If you enter the U.S. using an Advance Parole you would not lose your H-1B status. You would be able to enter using the parole document or a valid H-1B visa.
If you have the Advance Parole you would not have to make a special trip to a U.S. Consulate to obtain the H-1B visa. The Advance Parole is a travel document and your H-1B I-797 would be your work authorization document.

You may enter the U.S. by presenting an Advance Parole or H-1 visa
stamp. They are both travel documents. If you enter on the H-1 visa,
your authorized stay is valid to 8/09. If entering the U.S. using the
Advance Parole your H-1B status would still allow you to be employed. If
you did not hold valid H status and traveled using the Advance Parole, the EAD would be your work authorization document.
 
Travelling to India with AP and H1 Extension Under process

My case is the reverse of what is mentioned by the 1st poster of this post

I have a valid advance parole which I just got today at the attorney's office. My 8th year H1 extension has been filed in mid-September 2007.

I would like to travel using my advance parole, but would like to know what is the impact on my status. I know I can work with EAD card, but want to know if there is any effect on my Green Card Processing. I am still waiting for my 140 to be cleared and 485 date is Not available as of now

I would like to travel but would like to know if that would affect me in case I want to change my job with the green card processing not affected (AC 21)

Ideas? Thoughts?
 
shanarora said:
I have a question regarding Advance Parole and i will really appreciate if anyone can help.

Although my H1B was stamped, i applied for AP. I am travelling to India on Nov 2, 2007 and I will return to US on H1B.
My questions are:

1. If i don't get my AP till Nov 2 and i travel to India, will my I-131 application ( Advance Parole) be abandoned ?
2. Can travelling with AP under processing ( assuming it is not approved by Nov 2 ) , affect my AOS ? I will use my stamped H1 to enter.

Thanks
Click to expand...

Per my attorney's office: When you are traveling on stamped H Visa and you don't have AP or do not intent to use AP, then you should also carry your 485 receipt in original with you.
 
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