what documents to take when travel with EAD/AP

Y

yanz

Registered Users (C)
Hi,

I have H1B status an my wife is H4, we both received Advanced Parole and EAD, I-485 receipt notice, but have not heard anything from I-140.

We are traveling to China and will be back in three months.

My attorney says that all we need is AP and passport, I feel there must be something else, such as I-94, our H1B/H4 approval notice, etc.

What else? Is 485 receipt notice needed?

If you have traveled with a similar situation, please let me know what you were required to bring.

Thanks.

Yan
 
I have H1B status an my wife is H4, we both received Advanced Parole and EAD, I-485 receipt notice, but have not heard anything from I-140.

We are traveling to China and will be back in three months.

My attorney says that all we need is AP and passport; I feel there must be something else, such as I-94, our H1B/H4 approval notice, etc.
----- you don’t take I-94 with you, I-94 has to be surrendered when you depart US.
You should take all the copies of AP , Passport AND I-485 filing receipt ( show the I-485 filing receipt ONLY if asked at POE when you enter US)
What else? Is 485-receipt notice needed?
----- Take the I-485 receipts and nothing wrong having EAD with you
If you have traveled with a similar situation, please let me know what you were required to bring.
*** if you (H1holder) have not used EAD for work and still have H1 valid visa you can enter on H1 and spouse on H4 status. You both can get H1 or H4 visa stamped if visa stamp expires while you are out, take your original H1 approval notice, employer letter and all other required documents to get H1 visa.

If I am in your situation I will maintain H1 status till my I-140 is approved
 
Where should I surrender my I-94, at the airline's check-in desk?

Also, Could you explain why you would maintain H1B status?

I came to the U.S. with F1 via and, after graduation, switched to H1B. So, on my visa, there is still F1 stamp, there is NO H1B stamp.

If I want to reenter the U.S. with H1B status, I was told that I have to go to China to get H1B stamp. Since I will only stay for a few days (my wife stays much longer), I probably donot have time to wait for an interview from U.S. consul., because it might be weeks before I can schedule an appointment with them (and what if I got denied?)

This is why I decided to use EAD + AP, it does not hurt if I do not consider the additional filing fee for EAD each year. But I would like to hear why someone would prefer sticking to H1B.

Another thing often said is that, if I swithc to EAD and my 485 was denied, I can switch back to H1B, is that right?

Thanks.
Yan
 
Where should I surrender my I-94, at the airline's check-in desk?
------ All who depart must surrender I-94 before departure from US that is law
Also, Could you explain why you would maintain H1B status?
------ You have just filed I-140 and I-485 if I-140 is denied due to any reason the I-485, EAD, AP all will be denied and you will have no status in US that is the reason better be on H1 status till I-140 gets approved and if I-140 is denied you will have H1 status to remain in US
I came to the U.S. with F1 via and, after graduation, switched to H1B. So, on my visa, there is still F1 stamp, there is NO H1B stamp.
------------ You can get H1b visa stamp from your home country US consulate
If I want to reenter the U.S. with H1B status, I was told that I have to go to China to get H1B stamp.
------ That is true
Since I will only stay for a few days (my wife stays much longer), I probably donot have time to wait for an interview from U.S. consul., because it might be weeks before I can schedule an appointment with them (and what if I got denied?)

This is why I decided to use EAD + AP, it does not hurt if I do not consider the additional filing fee for EAD each year. But I would like to hear why someone would prefer sticking to H1B.
------ if you use AP and still work with the employer who filed your latest H1 you still can be on H1 status and can also extend H1 status read in detail:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

Another thing often said is that, if I swithc to EAD and my 485 was denied, I can switch back to H1B, is that right?

----- if I-485 denied AND you have H1 status you can be on H1 and can remain and work in US till you have valid H1 status. If you use EAD then you are NOT on H1 and have to depart US if I-485 denied.
 
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