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H1 / I-485 (family based) / Advance Parole ?

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  • H1 / I-485 (family based) / Advance Parole ?

    Hello,
    Need help! I am on H1 and I have I-485 filed pending approval (family based - spouse). I got my EAD card but still working on H1. I need to travel abroad.

    DO I NEED Advance Parole or just can I return on H1?

    On I-131 (Advance Parole) Application: It says NO NEED of AP - if on (i) H1 and (ii) I-485 filed.


    Thank You.

  • #2
    Hello,
    Need help! I am on H1 and I have I-485 filed pending approval (family based - spouse). I got my EAD card but still working on H1. I need to travel abroad.

    DO I NEED Advance Parole or just can I return on H1?

    On I-131 (Advance Parole) Application: It says NO NEED of AP - if on (i) H1 and (ii) I-485 filed.


    Thank You.

    Comment


    • #3
      If you are still working for the employer that filed the H-1 and working ONLY for that employer(in other words you are not using the EAD) then you should re-enter on the H-1B visa. Make sure your visa is valid and that you carry the current approval notice AND some recent pay stubs (just in case they ask if you are still working for this employer)

      Some people prefer to use the advanced parole because their H-1 visa is expired (note not the approval notice but the actual visa is expired) and they do not want to go through the hassle of getting it renewed. These people should begin working on the EAD (fill out a new I-9 with their employer) when they reenter the U.S. in advanced parole status.

      Comment


      • #4
        I disagree Sugarpuff. Its been argued many times, but as long as the person that enter with AP continue to work with the same employer that issue the H1-B visa, he can continue to work under H1-B without having to utilize the EAD.

        You bring a good point though. Depending on whether the actual H1-B visa is expired or not, AP is much more convinient way of reentering USA without having to face the ever-so-wonderful ppl of the US Consulate/Embassy.

        Comment


        • #5
          Thank You for the replies. So from the respone I gather I can re-enter using H1 as im still working with same company that filed H1 (NO NEED of AP).

          I plan to re-enter Jan 18 2006. My H1 is valid now (both stamp and I-797) expires 31 Mar 2006. After that I will start using EAD. Do you think immigration at port of entry might give hard time if any?

          Appreciate your help. Thanks.

          Comment


          • #6
            Since your H-1B visa AND your I-797 are both valid you should re-enter on the H-1B visa. Make sure that you carry the current approval notice AND some recent pay stubs (just in case they ask if you are still working for this employer).

            Getting advanced parole in your situation would be a waste of time and money. I am sure a money grubbing attorney would tell you differently however.

            Comment


            • #7
              Sugarpuff: Thank you so much. Its so nice you guys are here, making things simple and easy to confront this attorney !!!

              Comment


              • #8
                I had EAD and AP but was working on H1 visa.
                As per my experiencem, immigration is not even going to ask you about EAD or AP. As soon as he sees H1 papers in place..you are good to go.

                You dont have to worry at all. Dont mention anything from your side...and present only H1 documents...and you will be fine
                --TJ

                Comment


                • #9
                  If you have a valid H-1 visa AND can back it up with proof of employment and a valid I-797 you should always enter on the H-1B.

                  AP is desirable if you do not have a valid VISA (even though you have a valid H-1 approval notice) and do not want to go through the hassel and time of getting one from the embassy.

                  Comment

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