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Immigration Forum / USA Marriage Base / April 2005what is the consensus for EAD/H1B/AP travel?
Hi, There seems to be disagreement on this site about whether possessing both an (unused) EAD and current H1B while applying for AOS through marriage to US citizen, allows you to travel without advance parole. What are your thoughts- is it too risky to travel without AP considering the disagreements out there? In my case: I have a valid h1B approval notice (no visa stamp), I-485receipt notice, and have applied for AOS (485) by marriage which should be completed by June/July 2005. I need to travel June 2005 for a wedding in london, UK- I was going to obtain an H1 visa stamp while abroad and return to US in July. However, last month my EAD arrived. I am still working for my H1B visa employer (until august) but will the fact that I have an EAD add some risk to my travel without Advance Parole. (it is too late to obtain AP). I may be asked for interview and medical before or during my June travels- will this be problematic if I am abroad for 2 weeks? Thanks for any clarifications/input! > Hi, > There seems to be disagreement on this site about whether possessing [quoted text clipped - 16 lines] > > Thanks for any clarifications/input! I was where you are, H 1 B without visa stamp. I was told to get AP just in case. (I think it could have been a different story if I had had a visa stamp.) Any way better safe than sorry. > I was where you are, H 1 B without visa stamp. I was told to get AP > just in case. (I think it could have been a different story if I had > had a visa stamp.) Any way better safe than sorry. Thanks for the note! I am going to apply for AP and defer travel arrangements unless it arrives since the green card is too important. Still, if anyone thinks my concerns re. travel with H1b and EAD are unnecessary please leave a comment. Will possessing an AP void invalidate any H1b stamp? The AP form specifically says that an H1B holder does not need to apply for AP, but it makes no mention of what happens if that H1B is applying through marriage or possesses an EAD. Cheers, > Thanks for the note! I am going to apply for AP and defer travel > arrangements unless it arrives since the green card is too important. [quoted text clipped - 7 lines] > > Cheers, Wouldn't need the AP if the H1B was valid, as you were working for that H1B employer etc, if you were working else where, or voided the visa, then you would need an AP to travel...but it might be worth a consult with an immigration lawyer to go over everything, wouldn't want to make a mess of things... could find a referal via: www.aila.org > Wouldn't need the AP if the H1B was valid, as you were working for > that H1B employer etc, if you were working else where, or voided the > visa, then you would need an AP to travel...but it might be worth a > consult with an immigration lawyer to go over everything, wouldn't > want to make a mess of things... > could find a referal via: www.aila.org Hi: He does NOT have a "visa" -- therefore, he needs AP to travel. Also, he will need an EAD for when he returns if he travels on the AP. Please read fact situations carefully before answering authoritatively. This is why I tend to be quite qualified on my postings on giving what might be considered legal advice [I'm a lawyer, but not your lawyer]. I had an adjustment interview in San Jose in January. As it was an EB case, there was no approval in the case. He had traveled before on 'advance parole' and knew the drill. After the interview, he mentioned he had to travel "soon" and I told him our office could take care of it, but he was to call our office as soon as possible. He waited three days before contacting our office -- from Japan. He had already purchased tickets on the assumption his LPR would be approved at the interview. [BTW, he insisted on a course of action in the application which practically guaranteed problems and we told him that]. If I had known he had intended to leave the next day, I would have screamed "DO NOT do that!" We're having the bitch of time converting it to a consular processing case.  SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Hi: > [quoted text clipped - 19 lines] > day, I would have screamed "DO NOT do that!" We're having the bitch > of time converting it to a consular processing case. thank you all for your input. It is right i do not have a visa now, but I was planning to get an H1 B visa before returning to the US. MY work colleagues have used H1B while pending AOS, BUT they applied for AOS through EMPLOYMENT- I applied through marriage, and I've read on this site that this complicates the issue of whether you can use the H1B to travel. My employers have no official documentation from my EAD so to all purposes, I am still H1B in their eyes but who knows what immigration would consider me. Mr Folinksky has seen the consequences of slip ups and I will not risk my green card by travelling -still it is crazy, all the bcis forms say i can travel on H1B without AP but experience on this site suggests otherwise.... Ps. I've resisted getting a lawyer because i would rather save the money for a flight to see parents-not travelling solves that one!. > thank you all for your input. It is right i do not have a visa now, > but I was planning to get an H1 B visa before returning to the US. MY [quoted text clipped - 12 lines] > Ps. I've resisted getting a lawyer because i would rather save the > money for a flight to see parents-not travelling solves that one!. Hi: Notionally speaking, you can travel on the H-1b withou AP PROVIDED you get that H-1b visa abroad. Do you have any quarantee of that? I think not. BTW, it doesn't matter WHAT is the basis of the AOS -- however, the regulations require a "I-797" receipt for the adjustment, and until the advent of "lockbox" filing, family based adjustments did not generate an I-797 unless the filing was for the Baltimore district. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Hi: > [quoted text clipped - 6 lines] > the advent of "lockbox" filing, family based adjustments did not > generate an I-797 unless the filing was for the Baltimore district. Thanks, that clarifies it all! > Hi, > There seems to be disagreement on this site about whether possessing [quoted text clipped - 16 lines] > > Thanks for any clarifications/input! MY husband (H1B who has filed for employment-based AOS) has been told (by his university and our lawyer) that he can travel without AP as long as he maintains his H1B status. Of course you will need to get the visa stamp whilst in London. (Which means booking an appointment at the embassy - but I guess you knew that...) |
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