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Advance parole and H1B

Advance parole and H1B

Old Sep 30th 2002, 2:22 am
  #1  
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Default Advance parole and H1B

I have H1B visa and re-entry permit. I applied for I-485 and EAD because I got married.
Should I apply for Advance parole I-131 if I want to live USA if I already have reentry permit or not? Did I lose my H1b status or I still have it?
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Old Sep 30th 2002, 10:33 am
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Default Re: Advance parole and H1B

Originally posted by samal1485:
I have H1B visa and re-entry permit. I applied for I-485 and EAD because I got married.
Should I apply for Advance parole I-131 if I want to live USA if I already have reentry permit or not? Did I lose my H1b status or I still have it?
Hi:

IF you are still working for the same H-1b employer and have an H-1b visa and the petition is still valid -- this is one of the few exceptions to the need for advance parole as per a 1999 amendment to the regulations.

BTW, in 1974, the Board of Immigration Appeals stated in the Hosseinpour case that filing for adjustment based upon a marriage was NOT a violation of nonimmigrant status.
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Old Sep 30th 2002, 11:10 am
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Andy Platt
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Default Re: Advance parole and H1B

One day I'll write this up and post it on my website. In the meantime ...

So long as your H-1B visa is still valid and you have only worked at the
sponsoring company you are still in H-1B status. A rule issued in 1999 was
supposed to allow those with H-1B status to continue to travel without
advance parole when pending adjustment of status. Unfortunately they wrote
the rule to require you have the I-797 receipt for the I-485 - only service
centers issue those, not INS offices. Obviously they were only considering
adjustment of status based on employment-based petitions. You can find the
ruling here (note this is the interim version but it really didn't change in
the final version):

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


So, my advice is to get advance parole and use that. When you re-enter the
US you will no longer be in H-1B status.

Andy.

--
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"samal1485" wrote in message
news:[email protected]
.com
...
    > I have H1B visa and re-entry permit. I applied for I-485 and EAD
    > because I got married.
    > Should I apply for Advance parole I-131 if I want to live USA if I
    > already have reentry permit or not? Did I lose my H1b status or I
    > still have it?
    > --
    > Posted via http://britishexpats.com
 
Old Sep 30th 2002, 12:53 pm
  #4  
Andy Platt
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Default Re: Advance parole and H1B

"Folinskyinla" wrote:

    > IF you are still working for the same H-1b employer and have an H-1b
    > visa and the petition is still valid -- this is one of the few
    > exceptions to the need for advance parole as per a 1999 amendment to the
    > regulations.

*But* read the ammendment carefully and you'll see the need for the original
I-797 receipt for adjustment of status on re-entry to the US. Nobody yet has
been able to get an answer as to whether arriving without this (and
presumably not mentioning that you are pending AOS) would cause you to
abandon your AOS application - which is a key question for those who filed
to adjust status at a local INS office and who, therefore, do not have an
I-797 receipt.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Sep 30th 2002, 8:21 pm
  #5  
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Default Re: Advance parole and H1B

I just went to San Jose's INS office. I was told even if I have my H1B visa valid, it doesn't matter because I applied for I-485 (change of status). I do not have my H1B anymore. So, for travel outside of USA, I have to apply for Advanced parole.

Originally posted by Folinskyinla:


Hi:

IF you are still working for the same H-1b employer and have an H-1b visa and the petition is still valid -- this is one of the few exceptions to the need for advance parole as per a 1999 amendment to the regulations.

BTW, in 1974, the Board of Immigration Appeals stated in the Hosseinpour case that filing for adjustment based upon a marriage was NOT a violation of nonimmigrant status.
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Old Oct 1st 2002, 11:24 am
  #6  
Andy Platt
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Default Re: Advance parole and H1B

"samal1485" wrote in message
news:[email protected]
.com
...
    > I just went to San Jose's INS office. I was told even if I have my H1B
    > visa valid, it doesn't matter because I applied for I-485 (change of
    > status). I do not have my H1B anymore. So, for travel outside of USA, I
    > have to apply for Advanced parole.

I think they gave you the right answer for the wrong reason! I went one step
further with my quest to get information on this subject - I took a copy of
the law where it talked about H-1Bers being able to travel without advance
parole after applying to adjust status (but only with the I-797) - nobody
there would touch that with a bargepole!

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Oct 2nd 2002, 12:22 am
  #7  
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Default Re: Advance parole and H1B

Thank you Andy for your info.


Originally posted by Andy Platt:
"samal1485" wrote in message
news:[email protected]
.com
...
    > I just went to San Jose's INS office. I was told even if I have my H1B
    > visa valid, it doesn't matter because I applied for I-485 (change of
    > status). I do not have my H1B anymore. So, for travel outside of USA, I
    > have to apply for Advanced parole.

I think they gave you the right answer for the wrong reason! I went one step
further with my quest to get information on this subject - I took a copy of
the law where it talked about H-1Bers being able to travel without advance
parole after applying to adjust status (but only with the I-797) - nobody
there would touch that with a bargepole!

Andy.

--
I'm not really here - it's just your warped imagination.
samal1485 is offline  
Old Oct 2nd 2002, 12:26 am
  #8  
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Default Re: Advance parole and H1B

Originally posted by Andy Platt:
"Folinskyinla" wrote:

    > IF you are still working for the same H-1b employer and have an H-1b
    > visa and the petition is still valid -- this is one of the few
    > exceptions to the need for advance parole as per a 1999 amendment to the
    > regulations.

*But* read the ammendment carefully and you'll see the need for the original
I-797 receipt for adjustment of status on re-entry to the US. Nobody yet has
been able to get an answer as to whether arriving without this (and
presumably not mentioning that you are pending AOS) would cause you to
abandon your AOS application - which is a key question for those who filed
to adjust status at a local INS office and who, therefore, do not have an
I-797 receipt.

Andy.

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

Point well taken. Actually, I advise my clients to get the Advance Parole before departure and then reenter on the visa. The AP is insurance. The advance parole regulations state that the AOS is abandoned unless the alien gets AP before departure and is inspected upon return. No mention is made of any requirement that the reentry has to be on the advance parole.
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