What are the pros and cos of using Adavnce Parole

[baby_mde]

Hi,

If I use Advance Parole, I will not be any more on H1B?
I know that, I can extend the H1B after using the Advance Parole. Then how about H1 Transfer??

What are the serious consequences of using Advance Parole?

Please share your thoughts

 

[techy2468]

but you said in the other thread....that you are using EAD to work???


i will be applying for H1 transfer even though i travelled using AP.......will come to know in few weeks.....(i have EAD to fall back on )

my new company's attorney says that H1 transfer can be done after using AP....lets see.

 

[GaramChai2go]

Hi,

If I use Advance Parole, I will not be any more on H1B?

Who said that?

 

[baby_mde]

but you said in the other thread....that you are using EAD to work???


i will be applying for H1 transfer even though i travelled using AP.......will come to know in few weeks.....(i have EAD to fall back on )

my new company's attorney says that H1 transfer can be done after using AP....lets see.

Techy,

Your are not primary aplicant right, your spouse is. Can primary applicat apply for H1B transfer after using AP, which obtain from his/her GC process.

 

[GotPR?]

Who said that?

CIS is a little ambiguous about H1 "status" after AP use, but reading cronin memo, it can be interpretted using AP will terminate H1 status(this does not necessary mean one can not work under H1. that is what this memo clarified). Until H1 extension is filed which is considered "reinstating H1 status", one remains as a parolee.

http://www.shusterman.com/cronin51600.html

3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?

Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service determines the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.



Here is another comment from Attorney Oh's site. THis comment was big topic on this board about a year ago.
http://www.immigration-law.com

05/05/2005: Approaching Summer Travel Season and H-1B Traveling With Advance Parole

Summer is on our door step and schools will take a long break allowing students and employees of the schools to take a vacation and traveling abroad. There are a substantial number of EB-485 filers who maintain a H-1B status and at the same time possess an Advance Parole. Some of these EB-485 filers may want to travel on Advance Parole rather than on H-1B because of the complication and delay in obtaining the H-1B visa stamp at the visa posts.
People are confused as to whether they can return to the U.S. using Advance Parole and continue the H-1B employment without EAD. The answer to this question is confusing because the legacy INS flip-flopped itself in the past. Initially, it was policy that such H-1B alien who returns to the U.S. without EAD could not work as he/she was no longer H-1B nonimmigrant and did not have employment authorization. However, this memorandum was short-lived, being later amended and rescinded.
The current rule is that the H-1B aliens who return to the U.S. using Advance Parole will be able to resume the employment authorization which is inherent in the H-1B status inasmuch as the following conditions are met: (1) The employment is resumed with the same H-1B employer. (2) The H-1B approval must remain valid, even though one does not need a valid H-1B visa stamp. Once the H-1B validity expires, so does the employment authorization. Such an alien cannot continue employment unless he/she obtains either EAD or extension of H-1B status. The H-1B alien is returning to the U.S. as a parolee when they use Advance Parole and their status remains a parolee and not a H-1B nonimmigrant, but current rule and policy allow such H-1B approved aliens two benefits pending finalization of its policy on this issue and release of a regulation. The first benefit is employment authorization during the period of valid H-1B approval even though his/her status is no longer H-1B. The second benefit is eligibility for extension of their H-1B status and resuming the H-1B status without leaving the country. Once extension is approved, the alien returns to the H-1B status. The approval of such H-1B extension is considered by the USCIS as revocation of the parolee status and reinstatement of the H-1B status. These travellers should make it sure that they have both valid H-1B approval paper and valid Advance Parole when they return from the trip. Again, the EAD is not necessary inasmuch as he/she has a valid H-1B approval. However, against the potential change of employment or loss of H-1B jobs, it will be always prudent that one keeps an EAD current all the time. Enjoy your Summer!!

 

[baby_mde]

CIS is a little ambiguous about H1 "status" after AP use, but reading cronin memo, it can be interpretted using AP will terminate H1 status(this does not necessary mean one can not work under H1. that is what this memo clarified). Until H1 extension is filed which is considered "reinstating H1 status", one remains as a parolee.

http://www.shusterman.com/cronin51600.html

3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?

Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service determines the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.



Here is another comment from Attorney Oh's site. THis comment was big topic on this board about a year ago.
http://www.immigration-law.com

05/05/2005: Approaching Summer Travel Season and H-1B Traveling With Advance Parole

Summer is on our door step and schools will take a long break allowing students and employees of the schools to take a vacation and traveling abroad. There are a substantial number of EB-485 filers who maintain a H-1B status and at the same time possess an Advance Parole. Some of these EB-485 filers may want to travel on Advance Parole rather than on H-1B because of the complication and delay in obtaining the H-1B visa stamp at the visa posts.
People are confused as to whether they can return to the U.S. using Advance Parole and continue the H-1B employment without EAD. The answer to this question is confusing because the legacy INS flip-flopped itself in the past. Initially, it was policy that such H-1B alien who returns to the U.S. without EAD could not work as he/she was no longer H-1B nonimmigrant and did not have employment authorization. However, this memorandum was short-lived, being later amended and rescinded.
The current rule is that the H-1B aliens who return to the U.S. using Advance Parole will be able to resume the employment authorization which is inherent in the H-1B status inasmuch as the following conditions are met: (1) The employment is resumed with the same H-1B employer. (2) The H-1B approval must remain valid, even though one does not need a valid H-1B visa stamp. Once the H-1B validity expires, so does the employment authorization. Such an alien cannot continue employment unless he/she obtains either EAD or extension of H-1B status. The H-1B alien is returning to the U.S. as a parolee when they use Advance Parole and their status remains a parolee and not a H-1B nonimmigrant, but current rule and policy allow such H-1B approved aliens two benefits pending finalization of its policy on this issue and release of a regulation. The first benefit is employment authorization during the period of valid H-1B approval even though his/her status is no longer H-1B. The second benefit is eligibility for extension of their H-1B status and resuming the H-1B status without leaving the country. Once extension is approved, the alien returns to the H-1B status. The approval of such H-1B extension is considered by the USCIS as revocation of the parolee status and reinstatement of the H-1B status. These travellers should make it sure that they have both valid H-1B approval paper and valid Advance Parole when they return from the trip. Again, the EAD is not necessary inasmuch as he/she has a valid H-1B approval. However, against the potential change of employment or loss of H-1B jobs, it will be always prudent that one keeps an EAD current all the time. Enjoy your Summer!!

Got_PR,

This is very valube information. From the above information, I understand better, I think. Could you please clarify on this.

1. If we apply H1B extention and got approved after approval of Advance
Parole, then he/she can not use Advance Parole to eneter into US.
Because, this H1B approval shall invalidate the previous Advance Parole. I
am right here, please clarify???

2. My wife has H1B approved in may 2005 and valid until may 2008. She also
has an Advance Parole that is approved in Nov 2007.

2.a) Can she use advace parole to enter into US?

2.b) Last time she enter into united states with H4 Visa (i.e.
Class of admission as H4 on Advance Parole). Is this create any
problems to use Advance Parole to enter into US?

Thanks in advance

 

[techy2468]

Techy,

Your are not primary aplicant right, your spouse is. Can primary applicat apply for H1B transfer after using AP, which obtain from his/her GC process.

yes everyone can apply for H1/H4 extensions/transfer after using AP........but it depends on your company attorney.......since its a grey area.

from what i have read, once we are in a parolee status.....we can still work on H1......and we switch to H1 status if we apply for extension/transfer.........then the previous AP gets nullified (which can be refreshed by applying for another AP immediately after fresh H1)

 

[GotPR?]

1. If we apply H1B extention and got approved after approval of Advance
Parole, then he/she can not use Advance Parole to eneter into US.
Because, this H1B approval shall invalidate the previous Advance Parole. I
am right here, please clarify???

No, approval of H1 won't do anything to AP. It just brings your status back from parolee to H1 status. AP remains valid as long as your AOS is pending and AP's validity date is not reached yet.
You can use AP to enter the US even after H1 extension approval.

2. My wife has H1B approved in may 2005 and valid until may 2008. She also
has an Advance Parole that is approved in Nov 2007.

2.a) Can she use advace parole to enter into US?

2.b) Last time she enter into united states with H4 Visa (i.e.
Class of admission as H4 on Advance Parole). Is this create any
problems to use Advance Parole to enter into US?

2a) She can use AP anytime as long as she has valid AP.
2b) No, it won't cause the problem.
One thing I have been puzzling for long time is whether derivative beneficairy can be H4 status when primary enters the US with AP. I read somewhere that it is possible, but it goes inconsistent to the above memo. If you may go into such a situation(primary uses AP, beneficiary uses H4), you had better confirm with lawyer.

 

[baby_mde]

No, approval of H1 won't do anything to AP. It just brings your status back from parolee to H1 status. AP remains valid as long as your AOS is pending and AP's validity date is not reached yet.
You can use AP to enter the US even after H1 extension approval.


2a) She can use AP anytime as long as she has valid AP.
2b) No, it won't cause the problem.
One thing I have been puzzling for long time is whether derivative beneficairy can be H4 status when primary enters the US with AP. I read somewhere that it is possible, but it goes inconsistent to the above memo. If you may go into such a situation(primary uses AP, beneficiary uses H4), you had better confirm with lawyer.

Got_PR/techy2468,

Thank you for your time.
1. Me and my son are derivatives. My son is on H4 and I am working on EAD,
which obtained through my wife's GC process. My son does not have H4
Visa stamp in his passport. Can he still use Advance Parole to enter into
US??



2. My wife's company is aquired by another company. New company attorney
said that he will apply H1 amendment/transfer. If this H1 amendment or
transfer approved while she is outside of US, still she can use Advance
parole to enter into US??

3. As I said, I am working on EAD, which obtained through my wife's GC
process. My H1 was expired in May 2005 and since then I am using EAD,
which was issued in Jan 2005 (I am renewing every year). PLEASE
note that I DO NOT HAVE VALID H1 and H4. In this situation

3.a Can I use Advance Parole to enter into US??

3.b After admitted into US can I continue work with the present EAD??
and what would be my status?? Parolee or AOS or something?


Thanks In advance.

 

[techy2468]

Thank you for your time.
1. Me and my son are derivatives. My son is on H4 and I am working on EAD,
which obtained through my wife's GC process. My son does not have H4
Visa stamp in his passport.
1.a) Can hes still use Advance Parole to enter into US??

2.b) After using Advance Parole, still he can be on H4 status?

2. As I said, I am working on EAD, which obtained through my wife's GC
process. My H1 was expired in May 2005 and since then I am using EAD,
which was issued in Jan 2005 (I am renewing every year). PLEASE
note that I DO NOT HAVE VALID H1 and H4. In this situation

2.a Can I use Advance Parole to enter into US??

2.b After admitted into US can I continue work with the present EAD??
and what would be my status?? Parolee or AOS or something?


Thanks In advance.

since you are using EAD....your current status is AOS......and it will remain AOS....and i think your class of admission becomes parolee

i think your son does not need a H4 since he can also be on AOS status (with or without EAD)

 

[baby_mde]

since you are using EAD....your current status is AOS......and it will remain AOS....and i think your class of admission becomes parolee

i think your son does not need a H4 since he can also be on AOS status (with or without EAD)

Got_PR/techy2468 and others

Thank you for your time. Last but not least.

My wife's company is aquired by another company. New company attorney
said that he will apply H1 amendment/transfer. If this H1 amendment or
transfer approved while she is outside of US, still she can use Advance
parole to enter into US??

 

[techy2468]

Got_PR/techy2468 and others

Thank you for your time. Last but not least.

My wife's company is aquired by another company. New company attorney
said that he will apply H1 amendment/transfer. If this H1 amendment or
transfer approved while she is outside of US, still she can use Advance
parole to enter into US??

yes....she can use AP........since AP is only dependent on 485 and not on H1 status...

 

[GaramChai2go]

CIS is a little ambiguous about H1 "status" after AP use, but reading cronin memo, it can be interpretted using AP will terminate H1 status(this does not necessary mean one can not work under H1. that is what this memo clarified). Until H1 extension is filed which is considered "reinstating H1 status", one remains as a parolee.

http://www.shusterman.com/cronin51600.html

3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?

Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service determines the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.



Here is another comment from Attorney Oh's site. THis comment was big topic on this board about a year ago.
http://www.immigration-law.com

05/05/2005: Approaching Summer Travel Season and H-1B Traveling With Advance Parole

Summer is on our door step and schools will take a long break allowing students and employees of the schools to take a vacation and traveling abroad. There are a substantial number of EB-485 filers who maintain a H-1B status and at the same time possess an Advance Parole. Some of these EB-485 filers may want to travel on Advance Parole rather than on H-1B because of the complication and delay in obtaining the H-1B visa stamp at the visa posts.
People are confused as to whether they can return to the U.S. using Advance Parole and continue the H-1B employment without EAD. The answer to this question is confusing because the legacy INS flip-flopped itself in the past. Initially, it was policy that such H-1B alien who returns to the U.S. without EAD could not work as he/she was no longer H-1B nonimmigrant and did not have employment authorization. However, this memorandum was short-lived, being later amended and rescinded.
The current rule is that the H-1B aliens who return to the U.S. using Advance Parole will be able to resume the employment authorization which is inherent in the H-1B status inasmuch as the following conditions are met: (1) The employment is resumed with the same H-1B employer. (2) The H-1B approval must remain valid, even though one does not need a valid H-1B visa stamp. Once the H-1B validity expires, so does the employment authorization. Such an alien cannot continue employment unless he/she obtains either EAD or extension of H-1B status. The H-1B alien is returning to the U.S. as a parolee when they use Advance Parole and their status remains a parolee and not a H-1B nonimmigrant, but current rule and policy allow such H-1B approved aliens two benefits pending finalization of its policy on this issue and release of a regulation. The first benefit is employment authorization during the period of valid H-1B approval even though his/her status is no longer H-1B. The second benefit is eligibility for extension of their H-1B status and resuming the H-1B status without leaving the country. Once extension is approved, the alien returns to the H-1B status. The approval of such H-1B extension is considered by the USCIS as revocation of the parolee status and reinstatement of the H-1B status. These travellers should make it sure that they have both valid H-1B approval paper and valid Advance Parole when they return from the trip. Again, the EAD is not necessary inasmuch as he/she has a valid H-1B approval. However, against the potential change of employment or loss of H-1B jobs, it will be always prudent that one keeps an EAD current all the time. Enjoy your Summer!!

When you say AP status while working on H1, what happens if you get 485 denied and you are still working on H1, can one still work on H1, what will be the status in that case, can one switch back to H1 status?

 

[GotPR?]

When you say AP status while working on H1, what happens if you get 485 denied and you are still working on H1, can one still work on H1, what will be the status in that case, can one switch back to H1 status?

If I read memo straightforward, one is not on H1 status and denied I-485 will put those out of status, but again it is not very clearly stated.

If they went out of status after I485 denial, they can not get back to H1 in the US as they don't have non-immigrant status. They have to travel.

 

[baby_mde]

If I read memo straightforward, one is not on H1 status and denied I-485 will put those out of status, but again it is not very clearly stated.

If they went out of status after I485 denial, they can not get back to H1 in the US as they don't have non-immigrant status. They have to travel.

After using Advance Parole, his/her status becomes Parole. He/she will be in this status until he/she apply H1B extention/transfer. After approval of H1B, his/her status becomes H1 status. Between Parole and H1B status, if 485 gets denied he/she must leave the country.

To avoid this, can she/he apply H1 extention immidiatly aftre using Advance Parole, even the current H1B is valid for 1 more year (Please note that the H1 extention just to change status from Parole to H1 status)??

 

[StillAlive]

This is exactly my situation, I used AP and 6th year H1 is expiring this month and my 3 year H1 extenstion is getting applied before it expires.

Please awnser my questions (Assuming after H1 approves and still not working for GC employer yet)
1. If I decided to do H1 transfer, is it valid and how long I can be on H1 after transfer (note I already crossed 6 years)
2. If my GC got denied for any reason can I continue working on H1, if yes how long.
3. After H1 transfer, If my GC is revoked by my previous employer, am I legally out of status or can I continue working on H1 and apply for new GC if required.

Thanks in advance for your openion

After using Advance Parole, his/her status becomes Parole. He/she will be in this status until he/she apply H1B extention/transfer. After approval of H1B, his/her status becomes H1 status. Between Parole and H1B status, if 485 gets denied he/she must leave the country.

To avoid this, can she/he apply H1 extention immidiatly aftre using Advance Parole, even the current H1B is valid for 1 more year (Please note that the H1 extention just to change status from Parole to H1 status)??

 

[baby_mde]

If I read memo straightforward, one is not on H1 status and denied I-485 will put those out of status, but again it is not very clearly stated.

If they went out of status after I485 denial, they can not get back to H1 in the US as they don't have non-immigrant status. They have to travel.

I and my son are derivatives. My son is on H4 and I am working on EAD,
which obtained through my wife's GC process and also my wife has valid H1. But none of us have Visa Stamp in our passport.

We want to got US consulate and get Visa Stamp in passport for primary applicant (who is on H1) and for my son. At the same time can I get H4 Visa stamp in my passport??

If yes, after enter into US can still work on EAD?? If I work on EAD does this invalidate H4??

Thanks in advance.

 

[GotPR?]

We want to got US consulate and get Visa Stamp in passport for primary applicant (who is on H1) and for my son. At the same time can I get H4 Visa stamp in my passport??

Should be no problem.

If yes, after enter into US can still work on EAD?? If I work on EAD does this invalidate H4??

you should be more specific.
H4 status is invalid, H4 stamp might be still valid.

 

[maverick17]

This thread is really useful. I have a question and will appreciate if you can answer...

I am on Valid H1 till 2008, the H1 is not stamped. I have to apply for GC thru marriage. If I apply for AP and not for EAD and travel using AP then after I re enter using AP then accroding to what I have read is:

-- I can work for the same employer but on a parolee status and not on H1 status and I wont be needing EAD too..is that right.
--If I will be working on parolee status then do I need to apply for H1 again or can i work on parolee status till I get my gc or till 2008(H1 validity)
--If in case What about after 2008???
-- what difference it then make being on H1 status and being on parole status ???

Thanks a lot

 

[baby_mde]

This thread is really useful. I have a question and will appreciate if you can answer...

I am on Valid H1 till 2008, the H1 is not stamped. I have to apply for GC thru marriage. If I apply for AP and not for EAD and travel using AP then after I re enter using AP then accroding to what I have read is:

-- I can work for the same employer but on a parolee status and not on H1 status and I wont be needing EAD too..is that right.
baby: That is currect, but until the expiration of I-94 of H1 or the expiration of I-94 card that you will recieve at the port of the entry. After that you need EAD if do not want to your status to H1 from Parole. If you do have both, they you can not work.
--If I will be working on parolee status then do I need to apply for H1 again or can i work on parolee status till I get my gc or till 2008(H1 validity)
baby: see above.
--If in case What about after 2008???
baby: If you do change your status to H1 and if do not have EAD, you can not work
-- what difference it then make being on H1 status and being on parole status ???

baby: Talk to cronn, who made this rule.

Thanks a lot

See my answers in your post