Vinay

Hi All:

I have a valid H1B (valid till late 2005). My company has applied for
my green card and we filed i-140, 485 and 765 in mid Aug. In mid
september both my wife and I got the EAD.

My question is:

I plan to travel outside the country in Dec and Jan of this year.
Given that I have a valid H1B, do I need to apply and get the Advance
Parole?

Would appreciate some help on this.

Thanks much.

Vinay

Amanda

[email protected] (Vinay) wrote in message news:<[email protected]. com>...
    > Hi All:
    >
    > I have a valid H1B (valid till late 2005). My company has applied for
    > my green card and we filed i-140, 485 and 765 in mid Aug. In mid
    > september both my wife and I got the EAD.
    >
    > My question is:
    >
    > I plan to travel outside the country in Dec and Jan of this year.
    > Given that I have a valid H1B, do I need to apply and get the Advance
    > Parole?
    >
    > Would appreciate some help on this.
    >
    > Thanks much.
    >
    > Vinay


Since you (and your wife) filed for I-485, doesn't that overwrite the
visa, be it H1B or whatever and are required to use Advanced Parole
for travelling out fo the country?

Joachim Feise

Amanda wrote on 9/24/2004 21:21:

    > [email protected] (Vinay) wrote in message news:<[email protected]. com>...
    >
    >>Hi All:
    >>I have a valid H1B (valid till late 2005). My company has applied for
    >>my green card and we filed i-140, 485 and 765 in mid Aug. In mid
    >>september both my wife and I got the EAD.
    >>My question is:
    >>I plan to travel outside the country in Dec and Jan of this year.
    >>Given that I have a valid H1B, do I need to apply and get the Advance
    >>Parole?
    >>Would appreciate some help on this.
    >>Thanks much.
    >>Vinay
    >
    >
    >
    > Since you (and your wife) filed for I-485, doesn't that overwrite the
    > visa, be it H1B or whatever and are required to use Advanced Parole
    > for travelling out fo the country?

If the person has a valid H1, AP is not needed.

-Joe

Vinay

[email protected] (Amanda) wrote in message news:<[email protected]. com>...
    > [email protected] (Vinay) wrote in message news:<[email protected]. com>...
    > > Hi All:
    > >
    > > I have a valid H1B (valid till late 2005). My company has applied for
    > > my green card and we filed i-140, 485 and 765 in mid Aug. In mid
    > > september both my wife and I got the EAD.
    > >
    > > My question is:
    > >
    > > I plan to travel outside the country in Dec and Jan of this year.
    > > Given that I have a valid H1B, do I need to apply and get the Advance
    > > Parole?
    > >
    > > Would appreciate some help on this.
    > >
    > > Thanks much.
    > >
    > > Vinay
    >
    >
    > Since you (and your wife) filed for I-485, doesn't that overwrite the
    > visa, be it H1B or whatever and are required to use Advanced Parole
    > for travelling out fo the country?

The Advance Parole application says I do not need to apply if my H1
and my wife's H4 is valid and we have filed the i-485 but are yet to
hear fm the UCIS folks about it.

My concern right now is, now that we have gotten the EAD, do we need
to get AP?

Vinay

Jozef

"Vinay" <[email protected]> wrote in message
news:[email protected] om...
    > My concern right now is, now that we have gotten the EAD, do we need
    > to get AP?

As long as you don't use your EAD to work, i.e. you maintain valid H-1B/H-4
status, you do not need an AP to be able to re-enter the US.


Jozef
(Not a lawyer)

Vinay

"Jozef" <jozef.*take this out*[email protected]> wrote in message news:<kHl5d.948$ku4.925@trnddc01>...
    > "Vinay" <[email protected]> wrote in message
    > news:[email protected] om...
    > >
    > > My concern right now is, now that we have gotten the EAD, do we need
    > > to get AP?
    >
    > As long as you don't use your EAD to work, i.e. you maintain valid H-1B/H-4
    > status, you do not need an AP to be able to re-enter the US.
    >
    >
    > Jozef
    > (Not a lawyer)

I dont plan to use my EAD to work as my H1 is valid, but if my wife
uses her EAD to work, will it make her H4 invalid?

Thanks!

Vinay

Jozef

"Vinay" <[email protected]> wrote in message
news:[email protected] om...
    > "Jozef" <jozef.*take this out*[email protected]> wrote in message
    > news:<kHl5d.948$ku4.925@trnddc01>...
    >> "Vinay" <[email protected]> wrote in message
    >> news:[email protected] om...
    >> >
    >> > My concern right now is, now that we have gotten the EAD, do we need
    >> > to get AP?
    >> As long as you don't use your EAD to work, i.e. you maintain valid
    >> H-1B/H-4
    >> status, you do not need an AP to be able to re-enter the US.
    >> Jozef
    >> (Not a lawyer)
    > I dont plan to use my EAD to work as my H1 is valid, but if my wife
    > uses her EAD to work, will it make her H4 invalid?

Yes. Working is not compatible with H-4 status.

Jozef
(Not a lawyer)

Vinay

"Jozef" <jozef.*take this out*[email protected]> wrote in message news:<a8F5d.6304$Cn.1620@trnddc04>...
    > "Vinay" <[email protected]> wrote in message
    > news:[email protected] om...
    > > "Jozef" <jozef.*take this out*[email protected]> wrote in message
    > > news:<kHl5d.948$ku4.925@trnddc01>...
    > >> "Vinay" <[email protected]> wrote in message
    > >> news:[email protected] om...
    > >> >
    > >> > My concern right now is, now that we have gotten the EAD, do we need
    > >> > to get AP?
    > >>
    > >> As long as you don't use your EAD to work, i.e. you maintain valid
    > >> H-1B/H-4
    > >> status, you do not need an AP to be able to re-enter the US.
    > >>
    > >>
    > >> Jozef
    > >> (Not a lawyer)
    > >
    > > I dont plan to use my EAD to work as my H1 is valid, but if my wife
    > > uses her EAD to work, will it make her H4 invalid?
    >
    > Yes. Working is not compatible with H-4 status.
    >
    > Jozef
    > (Not a lawyer)

Yes, H4 in itself does not allow her to work. But she has been issued
an EAD - so what is her status now? Based on this, she will need to
apply for AP correct?

Vinay

Matrix

"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > Amanda wrote on 9/24/2004 21:21:
    >> [email protected] (Vinay) wrote in message
    >> news:<[email protected]. com>...
    >>>Hi All:
    >>>I have a valid H1B (valid till late 2005). My company has applied for
    >>>my green card and we filed i-140, 485 and 765 in mid Aug. In mid
    >>>september both my wife and I got the EAD.
    >>>My question is:
    >>>I plan to travel outside the country in Dec and Jan of this year.
    >>>Given that I have a valid H1B, do I need to apply and get the Advance
    >>>Parole?
    >>>Would appreciate some help on this.
    >>>Thanks much.
    >>>Vinay
    >> Since you (and your wife) filed for I-485, doesn't that overwrite the
    >> visa, be it H1B or whatever and are required to use Advanced Parole
    >> for travelling out fo the country?
    > If the person has a valid H1, AP is not needed.
    > -Joe

You can't be an H1B and an EAD holder at the same time! H1Bs don't need EADs
and EADs are not issued while someone is still an H1B!
Once an application for an adjustment of status to an immigrant is filed and
an EAD is issued, you become somebody in a "pending status" to an immigrant
until the application is granted or disapproved. If you leave the country
in a "pending status" without an I-512L (advance parole document) and then
try to return to the US, you would end up to be somebody applying for
reentry without an approved status, therefore, inadmissible!

Matrix

"Vinay" <[email protected]> wrote in message
news:[email protected] om...
    >> >> > My concern right now is, now that we have gotten the EAD, do we need
    >> >> > to get AP?

Yes.

    >> >>
    >> >> As long as you don't use your EAD to work, i.e. you maintain valid
    >> >> H-1B/H-4
    >> >> status, you do not need an AP to be able to re-enter the US.

If you are issued an EAD due to an application to adjust status from an H1B
to an immigrant, you are not in H1B anymore.

    > Yes, H4 in itself does not allow her to work. But she has been issued
    > an EAD - so what is her status now? Based on this, she will need to
    > apply for AP correct?

You are in pending adjustment of status to an immigrant and the category
code on your EAD will tell the immigration inspector what type of applicant
you are who is adjusting status. An Advance Parole is required to be
readmitted back into the US.

Joachim Feise

matrix wrote on 9/27/2004 9:48:
    > "Vinay" <[email protected]> wrote in message
    > news:[email protected] om...
    >
    >>>>>>My concern right now is, now that we have gotten the EAD, do we need
    >>>>>>to get AP?
    >
    >
    > Yes.
    >
    >
    >>>>>As long as you don't use your EAD to work, i.e. you maintain valid
    >>>>>H-1B/H-4
    >>>>>status, you do not need an AP to be able to re-enter the US.
    >
    >
    > If you are issued an EAD due to an application to adjust status from an H1B
    > to an immigrant, you are not in H1B anymore.

No, that's not true. You are on H1 unless you actually *use* the EAD.
Issuance of an EAD does not change the status.

-Joe

Joachim Feise

matrix wrote on 9/27/2004 9:37:
    > "Joachim Feise" <[email protected]> wrote in message
    > news:[email protected]...
    >
    >>Amanda wrote on 9/24/2004 21:21:
    >>>[email protected] (Vinay) wrote in message
    >>>news:<[email protected] le.com>...
    >>>>Hi All:
    >>>>I have a valid H1B (valid till late 2005). My company has applied for
    >>>>my green card and we filed i-140, 485 and 765 in mid Aug. In mid
    >>>>september both my wife and I got the EAD.
    >>>>My question is:
    >>>>I plan to travel outside the country in Dec and Jan of this year.
    >>>>Given that I have a valid H1B, do I need to apply and get the Advance
    >>>>Parole?
    >>>>Would appreciate some help on this.
    >>>>Thanks much.
    >>>>Vinay
    >>>Since you (and your wife) filed for I-485, doesn't that overwrite the
    >>>visa, be it H1B or whatever and are required to use Advanced Parole
    >>>for travelling out fo the country?
    >>If the person has a valid H1, AP is not needed.
    >>-Joe
    >
    >
    > You can't be an H1B and an EAD holder at the same time!

You can. Only if you use the EAD, then you cease being on H1.

-Joe

Joachim Feise

Vinay wrote on 9/27/2004 8:57:
    >
    > Yes, H4 in itself does not allow her to work. But she has been issued
    > an EAD - so what is her status now?

H4, unless she actually uses the EAD.

    > Based on this, she will need to
    > apply for AP correct?

Only if she has used the EAD.

-Joe

Vinay

Joachim Feise <[email protected]> wrote in message news:<[email protected]>...
    > Vinay wrote on 9/27/2004 8:57:
    > >
    > > Yes, H4 in itself does not allow her to work. But she has been issued
    > > an EAD - so what is her status now?
    >
    > H4, unless she actually uses the EAD.
    >
    > > Based on this, she will need to
    > > apply for AP correct?
    >
    > Only if she has used the EAD.
    >
    > -Joe

Thank you folks :) Much appreciated. I went ahead and applied for AP
for both my wife and me. Figured it can not hurt to have it :)

Vinay

Matrix

"Jozef" <jozef.*take this out*[email protected]> wrote in message
news:kHl5d.948$ku4.925@trnddc01...
    > "Vinay" <[email protected]> wrote in message
    > news:[email protected] om...
    >> My concern right now is, now that we have gotten the EAD, do we need
    >> to get AP?
    > As long as you don't use your EAD to work, i.e. you maintain valid
    > H-1B/H-4
    > status, you do not need an AP to be able to re-enter the US.
    > Jozef
    > (Not a lawyer)

He is now in the process of adjustment of status to an LPR and if he departs
the US he will need an Advance Parole.

This may help:

Press Release
U.S. Citizen and Immigration Services

Contact: Dan Kane
(202) 305-0006

November 14, 2003

IMMIGRANTS REMINDED TO OBTAIN ADVANCED PAROLE BEFORE TRAVELING ABROAD

WASHINGTON, DC - U. S. Citizenship and Immigration Services (USCIS) reminds
immigrants to obtain Advanced Parole before traveling abroad. Advanced
Parole (Form I-131-- Application for Travel Document) is permission to
re-enter the United States after traveling abroad, and allows for the
continuation of processing for an adjustment of status to that of lawful
permanent resident.

"I want America's immigrant population to know before they go. These
requirements must be met before leaving and are imperative for return to the
U.S.," said Director Eduardo Aguirre. "This reminder is consistent with our
commitment to world-class customer service and enhancing the integrity of
our immigration system."

Travel outside of the United States without advance parole may have severe
consequences for certain immigrants who are in the process of adjusting
their status. Such immigrants may be unable to return to the United States
and their applications may be denied.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996
stipulates that immigrants who depart the United States after being
unlawfully present in the United States for certain periods can be barred
from admission to lawful permanent resident status, even if they have
obtained Advance Parole. Those immigrants who have been unlawfully present
in the United States for more than 180 days, but less than one year are
inadmissible for three years; those who have been unlawfully present for a
year or more are inadmissible for 10 years. Immigrants, who are unlawfully
present, depart the U.S. and subsequently re-enter under a grant of parole,
may nevertheless be ineligible to adjust their status.

USCIS urges all immigrants with pending applications for adjustment of
status to consult its National Customer Service Center at 1-800-375-5283,
www.uscis.gov, an immigration attorney, or an immigration assistance
organization accredited by the Board of Immigration Appeals before making
any travel plans.

On March 1, 2003, U.S Citizenship and Immigration Services became one of
three legacy INS components to join the U.S. Department of Homeland
Security. USCIS is charged with fundamentally transforming and improving the
delivery of immigration and citizenship services, while enhancing the
integrity of our nation's security.

http://www.immigration.com/newslette...stravlers.html