[email protected]_nospam

Hi, I am on an H1 and filed for adjustment of status since my wife is a US citizen. I
just picked up my EAD and I need to travel to Europe on business in 2 weeks.

My question is, do I need advance parole before I leave the US ? Will this
affect my case ?

The INS site does not seem to indicate so
(http://www.ins.usdoj.gov/graphics/ho...doc.htm#travel), but my
lawyer says yes.

I would appreciate any help.

Thanks in advance

--

Exyz

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This link might help you.
http://www.imminfo.com/Resources/INS...on_H_or_L.html

It's a gray area and open to discussion. If you have an H visa and file for
family-based permanent residency, then you have "dual intent." My husband had an H1
visa when we married and we chose not to file to adjust his status for a few years.
Anyway, once we did file we consulted an attorney and he told us that my husband
could work and travel on the H visa, as long as he didn't change jobs and as long as
it was valid. However, another attorney told us no, and my congressman's liasion told
us that it was up to the discretion of the port of entry.

Having said that I can tell you that my husband traveled to Europe and back on
his H1 while we awaited processing. Once his H1 expired, we filed for EAD and AP
and he became a permanent resident pending, but he never changed jobs throughout
any of this.

One question. What is your work status based on - H1 worker or as a permament
resident pending. That is, is your position the same one you held as an H1 worker?The
link I sent seems to suggest that if you on your status as a permanent resident
rather than an H visa holder, then you may need advance parole, becuase you will have
violated your H visa status.

Good luck

Elaine

Shelley

This subject has come up more than once in alt.visa.us. marriage-based You might want
to do a google search and find more information, but I believe after much discussion
in that NG it was pointed out that if you are awaiting AOS you should have the AP.
Take Care. Shelley

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Alvena Ferreira

Shelley wrote:
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H1B's do not change status until they use the marriage-based EAD card (see
shusterman.com for this info). Since he has already received the marriage-based EAD,
he should err on the side of caution and have AP for travel.

Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================

Andy Platt

The problem is that the CFR that allows H-1Bers to travel without AP requires that
you have an I-797 receipt notice for the filing of the I-485 when you return to the
US on the H-1B visa. Only service centers give out this (the rule was written
considering adjusting status based on an I-140, not an I-130) - local INS offices
*cannot* give out one of these. So, my reading of the rule is that you must use AP.

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

Andy.

--
I'm not really here - it's just your warped imagination.

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