Riz

Hi,

I am currently on H-1B and my lawyer's office is submitting my AOS
application this week. I plan on getting Advance Parole and traveling
with it later this summer. I want to clarify what my status becomes
when I enter the US on AP.

- As I understand it, if I were to enter the US under AP, I become
"parolee", or "pending adjustment". For example, I could no longer
bring a foreign wife into the US on H-4 unless I left again and
reentered under H-1B.

- Does this switch in status not extend to my work? Specifically, I
asked the paralegal at the law firm if I had to secure both the AP AND
an EAD card before I left the US. That way if I enter as "pending
adjustment", I have an EAD card that will allow me to continue to
work. However, according to the paralegal, I do not need the EAD
card, unless my H-1B approval notice (which is valid until next Jan.)
expires. This doesn't seem to make sense to me. Can anybody
confirm?

Thanks,

Riz

Ingo Pakleppa

On Mon, 09 Jun 2003 22:32:28 -0700, Riz wrote:

    > Hi,
    >
    > I am currently on H-1B and my lawyer's office is submitting my AOS
    > application this week. I plan on getting Advance Parole and traveling
    > with it later this summer. I want to clarify what my status becomes when
    > I enter the US on AP.
    >
    > - As I understand it, if I were to enter the US under AP, I become
    > "parolee", or "pending adjustment". For example, I could no longer
    > bring a foreign wife into the US on H-4 unless I left again and
    > reentered under H-1B.

Correct.

    > - Does this switch in status not extend to my work? Specifically, I
    > asked the paralegal at the law firm if I had to secure both the AP AND
    > an EAD card before I left the US. That way if I enter as "pending
    > adjustment", I have an EAD card that will allow me to continue to work.
    > However, according to the paralegal, I do not need the EAD card, unless
    > my H-1B approval notice (which is valid until next Jan.) expires. This
    > doesn't seem to make sense to me. Can anybody confirm?

This is actually a bit of a grey area right now. Legacy INS indeed used to
have exactly the policy that you are describing, and to my knowledge never
formally changed it.

However, some people believe that it was superseded when it became
possible to travel with an H-1B visa instead of A/P. So I can't tell you
for sure whether or not this policy really still exists.

On the bright side, it really doesn't matter (much). Working without EAD
while waiting for the I-485 to be approved really has no consequences for
you. It could get the employer in trouble - but in your case, the employer
has reason to believe that you are authorized to work with your H-1B.

By the way, if your H-1B expires in January, you should file for your EAD
right now; processing times can be in excess of six months.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (still under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.

Manish

If you are maintaining H1 (EAD not used) with your employer and enter using AP you can be on H1 status
Read below
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

Riz

NM

Manish wrote in message news:...
    > If you are maintaining H1 (EAD not used) with your employer and enter
    > using AP you can be on H1 status
    > Read below
    > http://www.immigrationlinks.com/news/news301.htm
    > http://www.murthy.com/UDnewins.html
    > http://www.shusterman.com/h1memo500.html
    > http://www.shusterman.com/hl-99regs.html

Riz

Thanks for your earlier responses. Now that my AP has been filed
(receipt date is June 17), I am anxiously waiting for it to be
approved. I need to travel in early August. You see, in addition to
having an AOS application that has just been submitted, I am also a
Green Card lottery winner. My interview date is in mid-August. My
current plan is to travel to the CP interview, get approved and then
return to the US with my immigrant visa and withdraw the AOS.
However, I think the AP will provide me with a safety net in case
something goes wrong with my CP interview. I won't have to wait 6
weeks or whatever to get a new H-1B visa (I'm from one of _those_
countries). And I won't have to worry about missing time from work,
or worse, losing my job.

The question is, it is currently taking about two months to process AP
in California, which means the approval might not come until after the
interview. I have to leave first week of August. According to the
law, if you leave the US before AP approval, you have abandoned your
AOS application (unless you are H-1B or L-1). Does that mean leaving
the US before AP approval definitely leads to abandoning the AP
application (regardless of whether one holds an H-1B)? Say I leave
August 8 and the AP gets "approved" August 20, can my roommate send it
to me abroad and can I then use it?

Thanks in advance,

Riz


"Ingo Pakleppa" wrote in message news:...
    > On Mon, 09 Jun 2003 22:32:28 -0700, Riz wrote:
    >
    > > Hi,
    > >
    > > I am currently on H-1B and my lawyer's office is submitting my AOS
    > > application this week. I plan on getting Advance Parole and traveling
    > > with it later this summer. I want to clarify what my status becomes when
    > > I enter the US on AP.
    > >
    > > - As I understand it, if I were to enter the US under AP, I become
    > > "parolee", or "pending adjustment". For example, I could no longer
    > > bring a foreign wife into the US on H-4 unless I left again and
    > > reentered under H-1B.
    >
    > Correct.
    >
    > > - Does this switch in status not extend to my work? Specifically, I
    > > asked the paralegal at the law firm if I had to secure both the AP AND
    > > an EAD card before I left the US. That way if I enter as "pending
    > > adjustment", I have an EAD card that will allow me to continue to work.
    > > However, according to the paralegal, I do not need the EAD card, unless
    > > my H-1B approval notice (which is valid until next Jan.) expires. This
    > > doesn't seem to make sense to me. Can anybody confirm?
    >
    > This is actually a bit of a grey area right now. Legacy INS indeed used to
    > have exactly the policy that you are describing, and to my knowledge never
    > formally changed it.
    >
    > However, some people believe that it was superseded when it became
    > possible to travel with an H-1B visa instead of A/P. So I can't tell you
    > for sure whether or not this policy really still exists.
    >
    > On the bright side, it really doesn't matter (much). Working without EAD
    > while waiting for the I-485 to be approved really has no consequences for
    > you. It could get the employer in trouble - but in your case, the employer
    > has reason to believe that you are authorized to work with your H-1B.
    >
    > By the way, if your H-1B expires in January, you should file for your EAD
    > right now; processing times can be in excess of six months.
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please visit my new FAQ at http://www.kkeane.com (still under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Please feel free to enjoy some of my photographs at my new Web site
    > http://www.ingopakleppa.com ! Comments are welcome.

Sylvia Ottemoeller

"Riz" wrote in message
news:[email protected]...

    > Thanks for your earlier responses. Now that my AP has been filed
    > (receipt date is June 17), I am anxiously waiting for it to be
    > approved. I need to travel in early August. You see, in addition to
    > having an AOS application that has just been submitted, I am also a
    > Green Card lottery winner. My interview date is in mid-August. My
    > current plan is to travel to the CP interview, get approved and then
    > return to the US with my immigrant visa and withdraw the AOS.
    > However, I think the AP will provide me with a safety net in case
    > something goes wrong with my CP interview. I won't have to wait 6
    > weeks or whatever to get a new H-1B visa (I'm from one of _those_
    > countries). And I won't have to worry about missing time from work,
    > or worse, losing my job.
    > The question is, it is currently taking about two months to process AP
    > in California, which means the approval might not come until after the
    > interview. I have to leave first week of August. According to the
    > law, if you leave the US before AP approval, you have abandoned your
    > AOS application (unless you are H-1B or L-1). Does that mean leaving
    > the US before AP approval definitely leads to abandoning the AP
    > application (regardless of whether one holds an H-1B)?

No, it does not definitely lead to abandonment. Put it this way: the AP is
supposed to be approved before you leave the U.S., but if you have it in
hand when you ask to re-enter the U.S., the officer does not generally check
the dates.

The larger risk of the scenario is if anything goes wrong with the advance
parole application: it gets RFEed, BCIS asks you to come and get it in
person, it gets lost in the mail between BCIS and your home, it gets lost in
the mail between the U.S. and the foreign country.

Say I leave
    > August 8 and the AP gets "approved" August 20, can my roommate send it
    > to me abroad and can I then use it?

Yes, your roommate can do that, and yes, you can try to enter the U.S. with
it. You will probably be successful, but there are no guarantees.

    > "Ingo Pakleppa" wrote in message
news:...

    > > On Mon, 09 Jun 2003 22:32:28 -0700, Riz wrote:

    > > > I am currently on H-1B and my lawyer's office is submitting my AOS
    > > > application this week. I plan on getting Advance Parole and traveling
    > > > with it later this summer. I want to clarify what my status becomes
when
    > > > I enter the US on AP.
    > > >
    > > > - As I understand it, if I were to enter the US under AP, I become
    > > > "parolee", or "pending adjustment". For example, I could no longer
    > > > bring a foreign wife into the US on H-4 unless I left again and
    > > > reentered under H-1B.
    > >
    > > Correct.
    > >
    > > > - Does this switch in status not extend to my work? Specifically, I
    > > > asked the paralegal at the law firm if I had to secure both the AP AND
    > > > an EAD card before I left the US. That way if I enter as "pending
    > > > adjustment", I have an EAD card that will allow me to continue to
work.
    > > > However, according to the paralegal, I do not need the EAD card,
unless
    > > > my H-1B approval notice (which is valid until next Jan.) expires.
This
    > > > doesn't seem to make sense to me. Can anybody confirm?
    > >
    > > This is actually a bit of a grey area right now. Legacy INS indeed used
to
    > > have exactly the policy that you are describing, and to my knowledge
never
    > > formally changed it.
    > >
    > > However, some people believe that it was superseded when it became
    > > possible to travel with an H-1B visa instead of A/P. So I can't tell you
    > > for sure whether or not this policy really still exists.
    > >
    > > On the bright side, it really doesn't matter (much). Working without EAD
    > > while waiting for the I-485 to be approved really has no consequences
for
    > > you. It could get the employer in trouble - but in your case, the
employer
    > > has reason to believe that you are authorized to work with your H-1B.
    > >
    > > By the way, if your H-1B expires in January, you should file for your
EAD
    > > right now; processing times can be in excess of six months.