USCIS Memo regd. AP

[GC2005]

All,

I was reading a memo by USCIS dated March 25, 2004 regd. advance parole (attached).
It says ...
" U. S. Citizenship and Immigration Service (USCIS) reminds individuals with an application for adjustment of status to that of lawful permanent resident, an application for relief under
the NACARA 203, or an asylum application, that they must obtain Advance Parole by filing Form I-131-- Application for Travel Document with the USCIS before traveling abroad (see USCIS Travel Advisory Questions and Answers)..... "

My situation...

I have a valid H-1B visa till April 2005 and my AOS is pending at VSC from Dec. 2002 and I'm planning to travel outside the US at the end of April.

Question is.. Do I need AP to re-enter OR not?

Thanks in advance for your valuable response ....

 

[PremChopra]

No, you don't need to have AP if you have valid H-1 and you are not using EAD for employment.

 

[GC2005]

I called USCIS today after lunch and they also said I need AP, if my AOS (I-485) is pending, although I have a valid visa till 2005 ... I'm now confuse....

Some who recently re-entered US on H-1B with AOS pending please reply...

 

[vidongre]

You do not need AP if

You have a valid (not expired) H1B visa stamped on your passport AND if you have not used EAD for employment.

It'll be as good as entering the US on H1B prior to filing AOS. You do not have to tell them that your AOS is pending. If they ask for your visa status, you can mention H1B.