New Googlie

Dear all,

I have a US H-1B visa stamp on my passport and have filed my I-485 for adjustment of
status (AOS), received by INS last August. I need to travel abroad for a business
meeting (and vacation) in ten days. I am told that since I have not used an EAD
(which I have not applied for, as of yet) my H-1B visa stamp is valid for re-entry to
the US. The stamp and my current H-1B status expire in August and I am coming back in
the last week of June.

Is this really true? Is there a place where I can read and confirm this information
for myself, and also take with me so that I can show it to any uninformed INS
inspector?

Thanks and best wishes!

New Googlie

[email protected] (New Googlie) wrote in message
news:<[email protected]. com>...
    > Dear all,
    >
    > I have a US H-1B visa stamp on my passport and have filed my I-485 for adjustment
    > of status (AOS), received by INS last August. I need to travel abroad for a
    > business meeting (and vacation) in ten days. I am told that since I have not used
    > an EAD (which I have not applied for, as of yet) my H-1B visa stamp is valid for
    > re-entry to the US. The stamp and my current H-1B status expire in August and I am
    > coming back in the last week of June.
    >
    > Is this really true? Is there a place where I can read and confirm this information
    > for myself, and also take with me so that I can show it to any uninformed INS
    > inspector?
    >
    > Thanks and best wishes!

Does anyone know the answer to this question, please?

Bm

Ok look. If anyone files for adjustment of status, they should just go and apply for
Advanced Parole. Most of the time, once you file for AOS, your prior status is no
longer valid. Correct me if I'm wrong. I believe that are a couple of Non-Immigrant
visas where a person can have a "Dual Intent"
ie., you're a non-immigrant but you can also be an intending immigrant and are exempt
from 212(a)(7)(A)(i)(I), Immigrant without an Immigrant Visa. From what I remember
as an Inspector, if you file an I-485, you need to get Advanced Parole before
departing the United States. Then again, I would think that if an H-1B filed a 485
for adjustment, and that application was denied, you could continue as an H-1B at
the same company if you still would have had the time anyway.

Anyone else got any input on this?

"New Googlie" <[email protected]> wrote in message
news:[email protected]...
    > [email protected] (New Googlie) wrote in message
news:<[email protected]. com>...
    > > Dear all,
    > >
    > > I have a US H-1B visa stamp on my passport and have filed my I-485 for adjustment
    > > of status (AOS), received by INS last August. I need to travel abroad for a
    > > business meeting (and vacation) in ten days. I am told that since I have not used
    > > an EAD (which I have not applied for, as of yet) my H-1B visa stamp is valid for
    > > re-entry to the US. The stamp and my current H-1B status expire in August and I
    > > am coming back in the last week of June.
    > >
    > > Is this really true? Is there a place where I can read and confirm this
    > > information for myself, and also take with me so that I can show it to any
    > > uninformed INS inspector?
    > >
    > > Thanks and best wishes!
    >
    > Does anyone know the answer to this question, please?

James Donovan

You do not need AP if you apply for AOS and are on valid H or L status and continue
to maintain that status. Therefore, if you are on H-1B, and file i-485 (but not i-765
EAD application) you can travel if you maintain your H-1B status until you get your
green card.

"BM" <[email protected]> wrote in message
news:<[email protected] t>...
    > Ok look. If anyone files for adjustment of status, they should just go and apply
    > for Advanced Parole. Most of the time, once you file for AOS, your prior status is
    > no longer valid. Correct me if I'm wrong. I believe that are a couple of
    > Non-Immigrant visas where a person can have a "Dual Intent"
    > ie., you're a non-immigrant but you can also be an intending immigrant and are
    > exempt from 212(a)(7)(A)(i)(I), Immigrant without an Immigrant Visa. From what I
    > remember as an Inspector, if you file an I-485, you need to get Advanced Parole
    > before departing the United States. Then again, I would think that if an H-1B
    > filed a 485 for adjustment, and that application was denied, you could continue
    > as an H-1B at the same company if you still would have had the time anyway.
    >
    > Anyone else got any input on this?
    >
    >
    > "New Googlie" <[email protected]> wrote in message
    > news:[email protected]...
    > > [email protected] (New Googlie) wrote in message
    > news:<[email protected]. com>...
    > > > Dear all,
    > > >
    > > > I have a US H-1B visa stamp on my passport and have filed my I-485 for
    > > > adjustment of status (AOS), received by INS last August. I need to travel
    > > > abroad for a business meeting (and vacation) in ten days. I am told that since
    > > > I have not used an EAD (which I have not applied for, as of yet) my H-1B visa
    > > > stamp is valid for re-entry to the US. The stamp and my current H-1B status
    > > > expire in August and I am coming back in the last week of June.
    > > >
    > > > Is this really true? Is there a place where I can read and confirm this
    > > > information for myself, and also take with me so that I can show it to any
    > > > uninformed INS inspector?
    > > >
    > > > Thanks and best wishes!
    > >
    > > Does anyone know the answer to this question, please?

Paul@HelpDesk

It sure is helpful to travel on your H-1B without Advance Parole. This will keep your H-1B status active. Regardless of the outcome on Green Card you will have valid H-1B status.

You may check out about Advance Parole at:
http://www.visapro.com/US-Immigratio...nce-Parole.asp


Paul @ HelpDesk

New Googlie

[email protected] (James Donovan) wrote in message
news:<[email protected] om>...
    > You do not need AP if you apply for AOS and are on valid H or L status and continue
    > to maintain that status. Therefore, if you are on H-1B, and file i-485 (but not
    > i-765 EAD application) you can travel if you maintain your H-1B status until you
    > get your green card.
    >

Does that mean that you are not on valid H-1B status if you file I-765 (and not
receive it before you travel)? Or is it if you use your EAD regardless of when you
got it that your H-1B status gets invalidated?

Thanks a bunch, and best wishes!

Bm

As long as you maintain youre H1B status ie. you keep the same job.

"Paul@HelpDesk" <[email protected]> wrote in message
news:[email protected]...
    > It sure is helpful to travel on your H-1B without Advance Parole. This will keep
    > your H-1B status active. Regardless of the outcome on Green Card you will have
    > valid H-1B status.
    >
    > You may check out about Advance Parole at:
    > http://www.visapro.com/US-Immigratio...nce-Parole.asp
    >
    >
    > Paul @ HelpDesk
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

Sylvia Ottemoel

New Googlie wrote:

    > [email protected] (New Googlie) wrote in message
    > news:<[email protected]. com>...

    >>I have a US H-1B visa stamp on my passport and have filed my I-485 for adjustment
    >>of status (AOS), received by INS last August. I need to travel abroad for a
    >>business meeting (and vacation) in ten days. I am told that since I have not used
    >>an EAD (which I have not applied for, as of yet) my H-1B visa stamp is valid for
    >>re-entry to the US. The stamp and my current H-1B status expire in August and I am
    >>coming back in the last week of June.
    >>
    >>Is this really true? Is there a place where I can read and confirm this information
    >>for myself, and also take with me so that I can show it to any uninformed INS
    >>inspector?

    > Does anyone know the answer to this question, please?

Here are the INS interim regulations which originally authorized the practice of
allowing travel outside the U.S. after filing I-485 using H or L visa and status to
enter the U.S. rather than advance parole:

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

I don't believe these interim regs have even been made final.

This INS website contains a reference:
http://www.ins.usdoj.gov/graphics/se...ency/index.htm.

Sylvia Ottemoel

New Googlie wrote:

    > [email protected] (James Donovan) wrote in message
    > news:<[email protected] om>...
    >
    >>You do not need AP if you apply for AOS and are on valid H or L status and continue
    >>to maintain that status. Therefore, if you are on H-1B, and file i-485 (but not
    >>i-765 EAD application) you can travel if you maintain your H-1B status until you
    >>get your green card.

    > Does that mean that you are not on valid H-1B status if you file I-765 (and not
    > receive it before you travel)?

No, the validity of H-1B status is not effected by the mere filing, or even the
approval, of an EAD.

Or is it if you use your EAD
    > regardless of when you got it that your H-1B status gets invalidated?

Yes, it is the use of the EAD to authorize employment other than by the H-1B employer
which invalidates the H-1B status.

Here's an INS memo which discusses this:
http://www.immigrationlinks.com/news/news014.htm.

Sylvia Ottemoel

Sylvia Ottemoeller wrote:

    > New Googlie wrote:
    >
    >> [email protected] (James Donovan) wrote in message
    >> news:<[email protected] om>...
    >>
    >>> You do not need AP if you apply for AOS and are on valid H or L status and
    >>> continue to maintain that status. Therefore, if you are on H-1B, and file i-485
    >>> (but not i-765 EAD application) you can travel if you maintain your H-1B status
    >>> until you get your green card.

    >> Does that mean that you are not on valid H-1B status if you file I-765 (and not
    >> receive it before you travel)?

    > No, the validity of H-1B status is not effected by the mere filing, or even the
    > approval, of an EAD.
    >
    > Or is it if you use your EAD
    >> regardless of when you got it that your H-1B status gets invalidated?

    > Yes, it is the use of the EAD to authorize employment other than by the H-1B
    > employer which invalidates the H-1B status.
    >
    > Here's an INS memo which discusses this:
    > http://www.immigrationlinks.com/news/news014.htm.

This INS memo has a more thorough discussion of the topic:
http://www.shusterman.com/hlmemo500.html