URGENT-Does travel with AP invalid H1 status?

H

help_need_gc

Registered Users (C)
Anyone please answer and share experences.
1) Does re-enter USA with AP invalid H1 status.
2) After entering US with AP, can we work with current employer.
3) And also can we transfer H1 to new employer in the above situation.
4) Do we need to take any precautions while using AP, any documents.
5) Please share experiences anyone who entered with AP.

Thanks.
 
It absolutely does. You better have a work authorization (EAD) before you leave. Otherwise you will not be allowed to work.
 
jifjef said:
It absolutely does. You better have a work authorization (EAD) before you leave. Otherwise you will not be allowed to work.
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That statement is absolutely untrue.
Returning using an Advance Parole in no way effects your H1 status.
As long as your current H1 is valid and your are working for the same employer who did your latest H1 you should be fine.

I am really not an authority on this but you should read the thread that specifically answers all these questions.

I reasearched this thing sometime back and found that returning on AP is absolutely safe. Unless someone tells me otherwise.
 
help_need_gc said:
Anyone please answer and share experences.
1) Does re-enter USA with AP invalid H1 status.
2) After entering US with AP, can we work with current employer.
3) And also can we transfer H1 to new employer in the above situation.
4) Do we need to take any precautions while using AP, any documents.
5) Please share experiences anyone who entered with AP.

Thanks.
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NO, MERELY USING AP DOES NOT VOID YOUR H1B STATUS. USING EAD WILL.

1) Does re-enter USA with AP invalid H1 status. NO
2) After entering US with AP, can we work with current employer. IF YOU HAVE H-1B OR EAD
3) And also can we transfer H1 to new employer in the above situation. YES
4) Do we need to take any precautions while using AP, any documents. ONLY THAT IT SHOULD BE LEGITIMATE AND VALID
5) Please share experiences anyone who entered with AP. HAVE HAD H-1B, AP AND EAD. NEVER USED EAD BUT HAVE TRAVELLED USING AP IN PAST 3 YEARS AND MAINTAINED H-1B STATUS
 
KARNS - you showed light

Karns - Thanks for your response. Happy to know that someone had experiences in this situation. When was the last time you used AP. For all three times you used AP, did you had show any specific documents, I heard now-a-days we need to show recent paystubs.

Anyone please share experiences on above discussion.
 
Three Things

I am not sure on any of the responses.

But as I keep saying it all depends on the need not the need percieved, real need.

Technically any use of AP/EAD means one has become to immigrant status thus loose Non Immigrant status....in reality one may not have faced problem as AP is just visa related may not change on status....

There are three things we must always have to work in USA

H1/EAD is a work permit authorises to work in USA, I-94/LPR is a status authorises stay in USA, Visa (H1 stamping in passport)/AP is mere visa to travel in/out of USA. Thus it possible to interpret that AP use doesn't change one status....but goes by I-94 though.
 
raviobbu said:
I am not sure on any of the responses.

But as I keep saying it all depends on the need not the need percieved, real need.

Technically any use of AP/EAD means one has become to immigrant status thus loose Non Immigrant status....in reality one may not have faced problem as AP is just visa related may not change on status....

There are three things we must always have to work in USA

H1/EAD is a work permit authorises to work in USA, I-94/LPR is a status authorises stay in USA, Visa (H1 stamping in passport)/AP is mere visa to travel in/out of USA. Thus it possible to interpret that AP use doesn't change one status....but goes by I-94 though.
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Technically AP is not a status of any type but it is just as the name suggest, it is merely an entry document and using it does not annul any type of status.
 
help_need_gc said:
Karns - Thanks for your response. Happy to know that someone had experiences in this situation. When was the last time you used AP. For all three times you used AP, did you had show any specific documents, I heard now-a-days we need to show recent paystubs.

Anyone please share experiences on above discussion.
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help_need_gc: I last used AP about 4 months ago. I never had to show anything like pay stubs. Even if they had asked me I never carried them with me. Basic idea is to verify your employment and they can check it by any means.
 
karns said:
help_need_gc: I last used AP about 4 months ago. I never had to show anything like pay stubs. Even if they had asked me I never carried them with me. Basic idea is to verify your employment and they can check it by any means.
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Karns,
Thanks for the helpful information. Did you by any chance applied for H1 extension/transfer and got approved while you were travelling on AP..?

Thanks
GCVA
 
gcva said:
Karns,
Thanks for the helpful information. Did you by any chance applied for H1 extension/transfer and got approved while you were travelling on AP..?

Thanks
GCVA
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Problem may not come but we never know.

Recently some one who do not want to waste the money sent his wife to India without Advance Parole. She was on H4. His green card got approved here so she cannot enter on H4. Although I do not know what happend filnally but he went through the tough time
 
Advance Parole is the way to go if possible.

pras01 said:
Why would anyone waste their money on AP ($165 for each AP), if their H1B is valid.
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Well people who dont want the hassle of going to the US Embassy in India and are on a very very short trip, for them AP is the best thing that there can be.

I have realized that the AP is one of the safest way to travel. The officer at the airport once sees the AP does not normally ask for anything whatsoever. The document itself is enough for you to enter.

With H1 stamping on the other hand, the office can ask for your pay stubs, and m,ay ask you other questions.
Believe me the $165 is worth spending. The US Consulate in India will as such charge nearly $150 for Visa Stamping, plus the tension. Actually for people who have the current Visa Stamped on the passport even for them it will be easier to enter the US on Advance Parole. The only drawback is for people travelling via some of the intermediate hops in Europe. AP guys have to have the transit Visa's where as H1 Stamped people dont have to. But hey if you have the H1 Stamped then use that to get around the transit Visa thing and while entering use the AP.
Well that my opinion. When you have spent the $165 then why not reap its benifits.

neocor
 
Unless the H-1 is on your passport, leaving the country invalidates your status. There are no 2 ways about it.

If you leave the country and comeback on an AP without an H-1 in your passport you will need an EAD to work in this country.

Ask your attorney. I asked several.
 
Good point

neocor said:
Well people who dont want the hassle of going to the US Embassy in India and are on a very very short trip, for them AP is the best thing that there can be.

I have realized that the AP is one of the safest way to travel. The officer at the airport once sees the AP does not normally ask for anything whatsoever. The document itself is enough for you to enter.

With H1 stamping on the other hand, the office can ask for your pay stubs, and m,ay ask you other questions.
Believe me the $165 is worth spending. The US Consulate in India will as such charge nearly $150 for Visa Stamping, plus the tension. Actually for people who have the current Visa Stamped on the passport even for them it will be easier to enter the US on Advance Parole. The only drawback is for people travelling via some of the intermediate hops in Europe. AP guys have to have the transit Visa's where as H1 Stamped people dont have to. But hey if you have the H1 Stamped then use that to get around the transit Visa thing and while entering use the AP.
Well that my opinion. When you have spent the $165 then why not reap its benifits.

neocor
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That's good points. Another thing is, if you have AP, and your I-485 gets approved while you are abroad, you can still come back with AP. (of course if your I-485 approved BEFORE you travel abroad, you will need either plastic card or passport stamp, since your AP/H1 are both voided.)
 
not true

jifjef said:
Unless the H-1 is on your passport, leaving the country invalidates your status. There are no 2 ways about it.

If you leave the country and comeback on an AP without an H-1 in your passport you will need an EAD to work in this country.

Ask your attorney. I asked several.
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Your attorney probably wants to make extra money on your EAD application. No need to have EAD if you have valid H1 status, and come back to the US through AP.
 
Entering US using AP and still working on H1

Hi,

I have the same question. I am currently working on H1 and have EAD and AP. If i go to india and come back using AP can i still continue by job on H1 without any changes. As i have no real use to switch to EAD, i am stuck in chain of employers.

Thanks
 
There is a difference between having H1 status and having an unexpired H1 stamp in your passport.

I find it hard to believe that one can enter the US with AP, while only having an H1 extension notice without a current H1 stamp in the passport, and then legally resume employment under H1 status. Some people might do it and think it's OK, but they won't know that anything is wrong unless the USCIS investigates them.
 
Jackolantern said:
There is a difference between having H1 status and having an unexpired H1 stamp in your passport.

I find it hard to believe that one can enter the US with AP, while only having an H1 extension notice without a current H1 stamp in the passport, and then legally resume employment under H1 status. Some people might do it and think it's OK, but they won't know that anything is wrong unless the USCIS investigates them.
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So you have any links to substantiate this?
This information if true will be real helpful. IT will answer a lot of questions.
 
Jackolantern said:
There is a difference between having H1 status and having an unexpired H1 stamp in your passport.

I find it hard to believe that one can enter the US with AP, while only having an H1 extension notice without a current H1 stamp in the passport, and then legally resume employment under H1 status. Some people might do it and think it's OK, but they won't know that anything is wrong unless the USCIS investigates them.
Click to expand...


Please check this link from Murthy FAQ and an interim Memo from USCIS.

http://murthy.com/chatlogs/ch082205_P.html(Check for the very first question)
http://www.immigrationlinks.com/news/news301.htm : Revised USCIS Memo on Dual Intent When Adjustment Application Pending.

Initially my lawyer said I can not work with H1 if I am entering back on AP( I have valid H1 extension till Aprill 2006, but expired Visa). Then I have forwarded those links to him for verification. Now, see the reply from Paralegal.

"I spoke with Attorney regarding your question on using your Advance Parole to enter the US. It is true that if you entered using Advance Parole you may change your status to H-1B provided you have not reached the maximum period of stay in H status (6 years). However, USCIS was very clear that you must be in H-1B status at the time you file for the 7th year H-1B extension. Once you enter in Advance Parole, you are considered to have been “paroled” into the U.S., not “admitted” as you would be under the H-1B. "

Has any one extended their 7th year, once they used AP?
 
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