Can I travel with H1/AP??

[vmb7]

Hi there,

I have an approved EAD/AP but I am still on my H1B and I don't want to switch to EAD yet.. My question is:

1. Can I travel to India with AP without having to activate my EAD? If so, do I have to go to H1 stamping to enter US back?

Please share your experiences..

Thanks in advance,
vmb7

[njverifier]

Originally Posted by vmb7

Hi there,

I have an approved EAD/AP but I am still on my H1B and I don't want to switch to EAD yet.. My question is:

1. Can I travel to India with AP without having to activate my EAD? If so, do I have to go to H1 stamping to enter US back?

Please share your experiences..

Thanks in advance,
vmb7

Using AP has no effect on your EAD status. You dont have to go for H1 stamping when you are using AP. I am on H1 (8th year) I used AP 2 times to enter US. Once I got H1 stamped in between which was not necessary, I don't why I got my H1 stamped which was a huge risk but thank God everything went well. Make sure you carry the copies of all the approved H1s right from the day you entered US for the first time. Although no one asked me for my previous H1s except the latest one, I was reading on this forums from others that some IOs were asking for all the approved H1s. Have a safe journey and good luck.

Oh, just forgot to tell you that when you are using AP you will be directed to an office after the regular immigration queue which is normal. You will be made to sit and wait till they verify all the details and stamp your I-94 and AP. You will be paroled till the date mentioned in AP. Once you enter US and start working on H1 again your H1 will take precedence over AP & I-94. So automatically your I-94 attached to H1 will kick in so you dont have to worry about the expiry of I-94 issued at the port of entry. As I said I have done this twice, you can also take a legal advise from your attorneys.

[ajay]

I am on my H 1 ( 11 th Year). I have traveled on Advance Parole 3 times and still continue to use my H 1. As the previous poster pointed out be prepared to go the secondary inspection area and have all the documents with you.

[vmb7]

Thanks a lot guyz! I will plan my India trip now

[vmb7]

Hi Guyz,

To my original post on 'If I can travel with H1/AP', below is the response from my attorney

If you return to the US using the AP, you can resume working for your H1B employer and this employment is authorized even without the EAD. However, a person who enters on AP is a "Parolee" and is not officially in H1B status even though the person can lawfully work for the H1B employer. To get back into H1B status after entering on AP, an individual will have to re-apply for the H1B.

I am confused now.. Is it true that one has to re-apply for H1B after entering US on AP? Please share your experiences..

Thanks in advance!
-m

[njverifier]

Originally Posted by vmb7

Hi Guyz,

To my original post on 'If I can travel with H1/AP', below is the response from my attorney

If you return to the US using the AP, you can resume working for your H1B employer and this employment is authorized even without the EAD. However, a person who enters on AP is a "Parolee" and is not officially in H1B status even though the person can lawfully work for the H1B employer. To get back into H1B status after entering on AP, an individual will have to re-apply for the H1B.

I am confused now.. Is it true that one has to re-apply for H1B after entering US on AP? Please share your experiences..

Thanks in advance!
-m

That is not correct. Once you start working on H1B after re-entry you will be on H1 status. There is no need to reapply your H1. I have done this twice in 2008 and 2011.

[vmb7]

Thanks njverifier!

In continuation to my initial question, I just got to know that my project is ending in Aug and I was wondering if it is a good idea to take a 1 month break and go to India before I find the next project. I am not sure how not having a client would hurt me at the port of entry as I would still be on H1 but just using my AP for travel purposes.

Please share your experiences..

Thanks in advance!
-mv

[Suva]

You are wrong. H1B normally covers a person for two things.

1) To stay in USA in legal status through H1B I-94 issued at port of entry.
2) To work legally in USA for the H1B petitioning employer.

But when you enter USA using AP then you lose the H1B I-94 instead you enter as a Parolee which is also a valid legal status but not H1B status. Your work status would be still H1B if you resume your work under the same employer. Bottom line entering USA on AP would retain only no.2 point from above and your legal stay status would change from H1B to I-485 Parolee status.

Thanks

Originally Posted by njverifier

That is not correct. Once you start working on H1B after re-entry you will be on H1 status. There is no need to reapply your H1. I have done this twice in 2008 and 2011.

[Suva]

I forgot to mention that once you renew your H1B then it would reinstate your stay status to H1B from 'Parolee' again. Though your work status would remain unchanged as H1B.

Originally Posted by Suva

You are wrong. H1B normally covers a person for two things.

1) To stay in USA in legal status through H1B I-94 issued at port of entry.
2) To work legally in USA for the H1B petitioning employer.

But when you enter USA using AP then you lose the H1B I-94 instead you enter as a Parolee which is also a valid legal status but not H1B status. Your work status would be still H1B if you resume your work under the same employer. Bottom line entering USA on AP would retain only no.2 point from above and your legal stay status would change from H1B to I-485 Parolee status.

Thanks