Advance Parole vs H1B
Mar 10th 2002, 9:49 am
#1
Forum Regular
Thread Starter
Joined: Mar 2002
Posts: 88
Advanced Parole (To be or not to be!!) Help!!
Hi All-
I have a question about marriage based immigration and travel.
I have a valid H1-B visa until May 1, 2002. However, I got married to a U.S Citizen in January and filed my AOS in February.
I received my Advanced Parole and Work Permit in February. I need to travel outside the country. What do I need to show, my H1-B or my AP on the way back? ( I will return before May 1 when my H-1 B expires).
On a related note, has anyone traveled to Boston with AP document? Is there any other additional docs that the immigration guys need besides AP, Visa and Passport? I have never been out of status to the best of my knowledge. I assume that if I am or was out of status, I would know about it. I am just a bit nervous...
Thanks much for the help
-- B. Gaude
I have a question about marriage based immigration and travel.
I have a valid H1-B visa until May 1, 2002. However, I got married to a U.S Citizen in January and filed my AOS in February.
I received my Advanced Parole and Work Permit in February. I need to travel outside the country. What do I need to show, my H1-B or my AP on the way back? ( I will return before May 1 when my H-1 B expires).
On a related note, has anyone traveled to Boston with AP document? Is there any other additional docs that the immigration guys need besides AP, Visa and Passport? I have never been out of status to the best of my knowledge. I assume that if I am or was out of status, I would know about it. I am just a bit nervous...
Thanks much for the help
-- B. Gaude
Last edited by gaude; Mar 10th 2002 at 2:14 pm.
Mar 10th 2002, 5:05 pm
#2
Guest
Posts: n/a
Re: Advance Parole vs H1B
gaude wrote:
>
> Hi All-
>
> I have a question about marriage based immigration and travel. I have a valid H1-B
> visa until May 1, 2002. However, I got married to a U.S Citizen in January and
> filed my AOS in February. I received my Advanced Parole and Work Permit in
> February. I need to travel outside the country. What do I need to show, my H1-B or
> my AP on the way back? ( I will return before May 1 when my H-1 B expires).
If you felt the H1B would get you back into the US, then why would you apply for AP?
Show your AP.
>
> On a related note, has anyone traveled to Boston with AP document? Is there any
> other additional docs that the immigration guys need besides AP, Visa and Passport?
My understanding is that AP eliminates the need for a visa.
>
> Hi All-
>
> I have a question about marriage based immigration and travel. I have a valid H1-B
> visa until May 1, 2002. However, I got married to a U.S Citizen in January and
> filed my AOS in February. I received my Advanced Parole and Work Permit in
> February. I need to travel outside the country. What do I need to show, my H1-B or
> my AP on the way back? ( I will return before May 1 when my H-1 B expires).
If you felt the H1B would get you back into the US, then why would you apply for AP?
Show your AP.
>
> On a related note, has anyone traveled to Boston with AP document? Is there any
> other additional docs that the immigration guys need besides AP, Visa and Passport?
My understanding is that AP eliminates the need for a visa.
Mar 11th 2002, 1:05 am
#3
Guest
Posts: n/a
Re: Advance Parole vs H1B
"gaude" <[email protected]> wrote in message
news:[email protected]...
> Hi All-
>
> I have a question about marriage based immigration and travel. I have a valid H1-B
> visa until May 1, 2002. However, I got married to a U.S Citizen in January and
> filed my AOS in February. I received my Advanced Parole and Work Permit in
> February. I need to travel outside the country. What do I need to show, my H1-B or
> my AP on the way back? ( I will return before May 1 when my H-1 B expires).
>
> On a related note, has anyone traveled to Boston with AP document? Is there any
> other additional docs that the immigration guys need besides AP, Visa and Passport?
> I have never been out of status to the best of my knowledge. I assume that if I am
> or was out of status, I would know about it. I am just a bit nervous...
>
> Thanks much for the help -- B. Gaude
>
I've been given to understand that this is a one of those fuzzy gray areas.
My husband had an H1-B when he applied for permanent residency. (We filed only the
I-485 and I-130) He did not apply for AP or work authorization until his H1-B was
due to run out. I can tell you that he traveled in and out of the US two or three
times with his valid H1-B while the application was in process. Once the H1-B
expired, we used AP. I was told that once you use the AP for re-entry, you have to
use it for each trip until you get your permanent residency (you can't switch back
and forth between AP and H1-B). You won't have this problem since your H1-B will
exipre soon after you return.
If you've got the AP, I think you're better off to just use it. You'll need your
passport, and the AP document. We've entered at Newark, Atlanta and JFK with AP, no
problems at all. Make sure you make copies of the AP just in case over zealous
airline agents want a copy. They're not supposed to take them, but sometimes they do.
My congressman's liasion told me that once you apply for permanent residency, then
you should also apply for and use AP even if you have H1-B. However, both the INS and
an attorney told me that as long as the H1-B was valid, the H1-B could be used to
travel in and out of the US. But no one would be definitive and everyone told me that
it was up to the discretion of the INS agent at point of entry. But it seems you're
safer with the AP.
Good luck Elaine
news:[email protected]...
> Hi All-
>
> I have a question about marriage based immigration and travel. I have a valid H1-B
> visa until May 1, 2002. However, I got married to a U.S Citizen in January and
> filed my AOS in February. I received my Advanced Parole and Work Permit in
> February. I need to travel outside the country. What do I need to show, my H1-B or
> my AP on the way back? ( I will return before May 1 when my H-1 B expires).
>
> On a related note, has anyone traveled to Boston with AP document? Is there any
> other additional docs that the immigration guys need besides AP, Visa and Passport?
> I have never been out of status to the best of my knowledge. I assume that if I am
> or was out of status, I would know about it. I am just a bit nervous...
>
> Thanks much for the help -- B. Gaude
>
I've been given to understand that this is a one of those fuzzy gray areas.
My husband had an H1-B when he applied for permanent residency. (We filed only the
I-485 and I-130) He did not apply for AP or work authorization until his H1-B was
due to run out. I can tell you that he traveled in and out of the US two or three
times with his valid H1-B while the application was in process. Once the H1-B
expired, we used AP. I was told that once you use the AP for re-entry, you have to
use it for each trip until you get your permanent residency (you can't switch back
and forth between AP and H1-B). You won't have this problem since your H1-B will
exipre soon after you return.
If you've got the AP, I think you're better off to just use it. You'll need your
passport, and the AP document. We've entered at Newark, Atlanta and JFK with AP, no
problems at all. Make sure you make copies of the AP just in case over zealous
airline agents want a copy. They're not supposed to take them, but sometimes they do.
My congressman's liasion told me that once you apply for permanent residency, then
you should also apply for and use AP even if you have H1-B. However, both the INS and
an attorney told me that as long as the H1-B was valid, the H1-B could be used to
travel in and out of the US. But no one would be definitive and everyone told me that
it was up to the discretion of the INS agent at point of entry. But it seems you're
safer with the AP.
Good luck Elaine
Mar 11th 2002, 12:06 pm
#4
Guest
Posts: n/a
Re: Advance Parole vs H1B
The issue that nobody has got to the bottom of is that 8 CFR says you must be in
possession of the I-797 receipt for the adjustment of status when you are a pending
permanent resident returning on an H-1 / L-1 or derirative visa. Local INS offices do
not give this out. I personally believe that although there will be no problem with
adjusting status after this because the general view is that H and L visa holders can
continue to travel on their visas, the INS would be correct in denying adjustment of
status to anyone who had entered the US in this manner without the I-797 receipt.
Like I said, I doubt this will ever come up (particularly if later you use AP so that
your most recent entry is with AP, why would they even look at previous entries?).
Andy.
--
I'm not really here - it's just your warped imagination. "exyz" <[email protected]>
wrote in message news:[email protected]...
>
> "gaude" <[email protected]> wrote in message
> news:[email protected]...
> > Hi All-
> >
> > I have a question about marriage based immigration and travel. I have a valid
> > H1-B visa until May 1, 2002. However, I got married to a U.S Citizen in January
> > and filed my AOS in February. I received my Advanced Parole and Work Permit in
> > February. I need to travel outside the country. What do I need to show, my H1-B
> > or my AP on the way back? ( I will return before May 1 when my H-1 B expires).
> >
> > On a related note, has anyone traveled to Boston with AP document? Is there any
> > other additional docs that the immigration guys need besides AP, Visa and
> > Passport? I have never been out of status to the best of my knowledge. I assume
> > that if I am or was out of status, I would know about it. I am just a bit
> > nervous...
> >
> > Thanks much for the help -- B. Gaude
> >
>
> I've been given to understand that this is a one of those fuzzy gray
areas.
>
> My husband had an H1-B when he applied for permanent residency. (We
filed
> only the I-485 and I-130) He did not apply for AP or work authorization until his
> H1-B was due to
run
> out. I can tell you that he traveled in and out of the US two or three times with
> his valid H1-B while the application was in process. Once the H1-B expired, we used
> AP. I was told that once you use the AP for re-entry, you have to use it for each
> trip until you get your permanent residency (you can't switch back and forth
> between AP and H1-B). You won't have this problem since your H1-B will exipre soon
> after you return.
>
> If you've got the AP, I think you're better off to just use it. You'll
need
> your passport, and the AP document. We've entered at Newark, Atlanta and
JFK
> with AP, no problems at all. Make sure you make copies of the AP just in case over
> zealous airline agents want a copy. They're not supposed to
take
> them, but sometimes they do.
>
> My congressman's liasion told me that once you apply for permanent residency, then
> you should also apply for and use AP even if you have
H1-B.
> However, both the INS and an attorney told me that as long as the H1-B was valid,
> the H1-B could be used to travel in and out of the US. But no one would be
> definitive and everyone told me that it was up to the discretion
of
> the INS agent at point of entry. But it seems you're safer with the AP.
>
> Good luck Elaine
possession of the I-797 receipt for the adjustment of status when you are a pending
permanent resident returning on an H-1 / L-1 or derirative visa. Local INS offices do
not give this out. I personally believe that although there will be no problem with
adjusting status after this because the general view is that H and L visa holders can
continue to travel on their visas, the INS would be correct in denying adjustment of
status to anyone who had entered the US in this manner without the I-797 receipt.
Like I said, I doubt this will ever come up (particularly if later you use AP so that
your most recent entry is with AP, why would they even look at previous entries?).
Andy.
--
I'm not really here - it's just your warped imagination. "exyz" <[email protected]>
wrote in message news:[email protected]...
>
> "gaude" <[email protected]> wrote in message
> news:[email protected]...
> > Hi All-
> >
> > I have a question about marriage based immigration and travel. I have a valid
> > H1-B visa until May 1, 2002. However, I got married to a U.S Citizen in January
> > and filed my AOS in February. I received my Advanced Parole and Work Permit in
> > February. I need to travel outside the country. What do I need to show, my H1-B
> > or my AP on the way back? ( I will return before May 1 when my H-1 B expires).
> >
> > On a related note, has anyone traveled to Boston with AP document? Is there any
> > other additional docs that the immigration guys need besides AP, Visa and
> > Passport? I have never been out of status to the best of my knowledge. I assume
> > that if I am or was out of status, I would know about it. I am just a bit
> > nervous...
> >
> > Thanks much for the help -- B. Gaude
> >
>
> I've been given to understand that this is a one of those fuzzy gray
areas.
>
> My husband had an H1-B when he applied for permanent residency. (We
filed
> only the I-485 and I-130) He did not apply for AP or work authorization until his
> H1-B was due to
run
> out. I can tell you that he traveled in and out of the US two or three times with
> his valid H1-B while the application was in process. Once the H1-B expired, we used
> AP. I was told that once you use the AP for re-entry, you have to use it for each
> trip until you get your permanent residency (you can't switch back and forth
> between AP and H1-B). You won't have this problem since your H1-B will exipre soon
> after you return.
>
> If you've got the AP, I think you're better off to just use it. You'll
need
> your passport, and the AP document. We've entered at Newark, Atlanta and
JFK
> with AP, no problems at all. Make sure you make copies of the AP just in case over
> zealous airline agents want a copy. They're not supposed to
take
> them, but sometimes they do.
>
> My congressman's liasion told me that once you apply for permanent residency, then
> you should also apply for and use AP even if you have
H1-B.
> However, both the INS and an attorney told me that as long as the H1-B was valid,
> the H1-B could be used to travel in and out of the US. But no one would be
> definitive and everyone told me that it was up to the discretion
of
> the INS agent at point of entry. But it seems you're safer with the AP.
>
> Good luck Elaine
Mar 11th 2002, 4:40 pm
#5
Forum Regular
Thread Starter
Joined: Mar 2002
Posts: 88
Re: Advance Parole vs H1B
Hey Guys-
Thanks so much for the information. That is definitely helpful.
I assume that the I-797 is the receipt that came with the H1-B1 approval notice (with the EAC number affixed). I do have a copy of that and I also have the actual H1-B stamp on my passport that is valid till May 1, 02.
Have you guys known of or have encountered a situation where entry into the U.S was denied for someone with a valid Advanced Parole that has been in status as far as visa is concerned. Am I being naive in assuming that being "in status" means my visa never expired while I have been in the states?
Thanks again for taking the time to answer my paranoid questions, but it seems that as I get closer to my interview date, I want to make sure that the process is smooth.
Thanks
-- Hari
Thanks so much for the information. That is definitely helpful.
I assume that the I-797 is the receipt that came with the H1-B1 approval notice (with the EAC number affixed). I do have a copy of that and I also have the actual H1-B stamp on my passport that is valid till May 1, 02.
Have you guys known of or have encountered a situation where entry into the U.S was denied for someone with a valid Advanced Parole that has been in status as far as visa is concerned. Am I being naive in assuming that being "in status" means my visa never expired while I have been in the states?
Thanks again for taking the time to answer my paranoid questions, but it seems that as I get closer to my interview date, I want to make sure that the process is smooth.
Thanks
-- Hari
