Re-entering US using Advance Parole with expired H1B visa

[enggr]

Gurus,
Lot of people try to use their valid H1B rather than the advance parole while re-entering US. This is a safeguard as nothing is approved till pending I-485 is approved and green card arrives at the mail box.
Can you please confirm the news I heard about the following


1) Suppose a person does not have a valid H1B stamping in his passport (say, the old H1B stamp expired and his new stamping attempt at a consulate was a failure ). He has valid advance Parole. In port of entry can the person say that he has valid H1B I-797 and would like to work on H1B rather than EAD?

Will the Port of Entry people cancel the I-797 and give an I94 based on Advance Parole?

After doing that can the person get a new I-94 while extending the same I-797 in the future to get a new I-94?


2) Suppose a person has a valid H1B visa stamped on his passport as well as a valid Advance Parole.
While entering the country through a port of entry if the person shows only the valid H1B visa, the Port of entry computer system will prompt the officer to ask the Advance Parole from the H1B person. The officer will say, "You can work in H1B, but u cannot hide AP". Show your AP. Is this true?

[GCneeded]

Thanks enggr for posting the question. I have an upcoming travel plan and had the same concerns. Additionally Gurus, can you also answer this question

On Port of entry, Is it sufficient to just have Advance Parole document or should I also carry the Original I-485 receipt. My lawyer has my I-485 receipt Notice and I received my EAD.

Also I want to enter on AP, but continue working on My H1-B. So at port of entry should I mention this when asked about my status. Thanks in advance!!!

[haifromsk@yahoo.com]

Please have your original 485 receipts not copies. It can save you big time.
lawyer doen't need them. Copy will do for him. But you need original. The logic being, If you have a original that means you left the country with the receipt in hand and came back to country with teh receipt. This is not true with copy.

[nlssubbu]

See my comments below:

Originally Posted by enggr

Gurus,
Lot of people try to use their valid H1B rather than the advance parole while re-entering US. This is a safeguard as nothing is approved till pending I-485 is approved and green card arrives at the mail box.
Can you please confirm the news I heard about the following


1) Suppose a person does not have a valid H1B stamping in his passport (say, the old H1B stamp expired and his new stamping attempt at a consulate was a failure ). He has valid advance Parole. In port of entry can the person say that he has valid H1B I-797 and would like to work on H1B rather than EAD?

AT the POE they are looking for valid documents. Even if you enter using AP, this does not invalidate your H1B. I did same thrice and have no issues. Only once an officer asked whether I am still with the same company for which I replied yes.

Will the Port of Entry people cancel the I-797 and give an I94 based on Advance Parole? They do not cancel your I-797 as entering using AP does not invalidate it. They will issue a new I-94 and mark it as 'Pending AOS', if you enter using AP.

After doing that can the person get a new I-94 while extending the same I-797 in the future to get a new I-94? Very much yes. I did traveled thrice and extended my H1 after each time with the same employer

2) Suppose a person has a valid H1B visa stamped on his passport as well as a valid Advance Parole.
While entering the country through a port of entry if the person shows only the valid H1B visa, the Port of entry computer system will prompt the officer to ask the Advance Parole from the H1B person. The officer will say, "You can work in H1B, but u cannot hide AP". Show your AP. Is this true?

If you have valid visa and enter using valid H1, I do not think they request your to provide AP. They can view all transactions related to you and very well know that you have a valid AP, EAD based on pending I-485.

[kriskris]

Originally Posted by enggr

Gurus,
Lot of people try to use their valid H1B rather than the advance parole while re-entering US. This is a safeguard as nothing is approved till pending I-485 is approved and green card arrives at the mail box.
Can you please confirm the news I heard about the following


1) Suppose a person does not have a valid H1B stamping in his passport (say, the old H1B stamp expired and his new stamping attempt at a consulate was a failure ). He has valid advance Parole. In port of entry can the person say that he has valid H1B I-797 and would like to work on H1B rather than EAD?

Will the Port of Entry people cancel the I-797 and give an I94 based on Advance Parole?

After doing that can the person get a new I-94 while extending the same I-797 in the future to get a new I-94?


2) Suppose a person has a valid H1B visa stamped on his passport as well as a valid Advance Parole.
While entering the country through a port of entry if the person shows only the valid H1B visa, the Port of entry computer system will prompt the officer to ask the Advance Parole from the H1B person. The officer will say, "You can work in H1B, but u cannot hide AP". Show your AP. Is this true?

enggr,
See my comments below about the H-1B Traveling With Advance Parole. This might answer some of your questions:

There are a substantial number of EB-485 filers who maintain a H-1B status and at the same time possess an Advance Parole. Some of these EB-485 filers may want to travel on Advance Parole rather than on H-1B because of the complication and delay in obtaining the H-1B visa stamp at the visa posts.
* People are confused as to whether they can return to the U.S. using Advance Parole and continue the H-1B employment without EAD. The answer to this question is confusing because the legacy INS flip-flopped itself in the past. Initially, it was policy that such H-1B alien who returns to the U.S. without EAD could not work as he/she was no longer H-1B nonimmigrant and did not have employment authorization. However, this memorandum was short-lived, being later amended and rescinded.
* The current rule is that the H-1B aliens who return to the U.S. using Advance Parole will be able to resume the employment authorization which is inherent in the H-1B status inasmuch as the following conditions are met: (1) The employment is resumed with the same H-1B employer. (2) The H-1B approval must remain valid, even though one does not need a valid H-1B visa stamp. Once the H-1B validity expires, so does the employment authorization. Such an alien cannot continue employment unless he/she obtains either EAD or extension of H-1B status. The H-1B alien returning to the U.S. as a parolee when they use Advance Parole and their status remains a parolee and not a H-1B nonimmigrant, but current rule and policy allow such H-1B approved aliens two benefits pending finalization of its policy on this issue and release of a regulation. The first benefit is employment authorization during the period of valid H-1B approval even though his/her status is no longer H-1B. The second benefit is eligibility for extension of their H-1B status and resuming the H-1B status without leaving the country. Once extension is approved, the alien returns to the H-1B status. The approval of such H-1B extension is considered by the USCIS as revocation of the parolee status and reinstatement of the H-1B status. These travellers should make it sure that they have both valid H-1B approval paper and valid Advance Parole when they return from the trip. Again, the EAD is not necessary inasmuch as he/she has a valid H-1B approval. However, against the potential change of employment or loss of H-1B jobs, it will be always prudent that one keeps an EAD current all the time.

To make your return more pleasurable see below:

Processing of I-485 Filer's Advance Parole at the Airport Upon Returning to the U.S.

* There have been some confusions on the part of the CBP officers at the airport as well as the returnining alien to resume his/her stay in the U.S. on parole pending the adjudication of I-485 applications. In order to remove such confusion, the CBP HQ in Washington issued guidances to the field CBP offices. The following are the current CBP policy and procedure and those who face any irregular practice by any CBP officer at the airport should insist to talk to the supervisor.
o Single Entry Advance Parole Document: The alien will be paroled in and the Advance Parole document will be lifted by the CBP officer at the time of inspection and entry.
o Multiple Entry Advance Parole Document: If the returning alien carries multiple entry original copies, the CBP officer should collect just one original and return the other original copies to the alien for the future trip.
o Multiple Entry Advance Parole but Alien Carries only One Original: The CBP officer must make a copy for himself/herself and return the original to the returning alien for future trip. The CBP officers have been instructed not to lift the original Advance Parole document in this situation.
* There have been a number of reports by the aliens whose advance parole documents were lifted by the some CBP officers at the airports even if the alien carried multiple entry advance parole. Logistically, it may be impossible to recoup the wrongly lifted original advance parole documents. There are no answers for these travelers at this time. For the future travelers, should this happen by the CBP officer at the inspection, he/she should insist to talk to the supervisor at the airport or upon entry, immediately contact with the CBP district director at the location of his/her entry.

Hope this helps
Krishna

[anilvt]

gurus,

please make it more simple

my h1b expired march2007 and got extension and renewed h1-b march2010 ( 3 yrs)

I am planning to goto India in DEC timeframe

I got my EAD and AP( 2 original copies multiple entry)

Questions:
1. Are you guys suggesting not to get h1-b visa stamped but just show AP and enter USA using renewed valid H1-B till 20110?

2. I was thinking of getting my visa stamped when go back to India and enter US.

3. if i don't need to get visa stamped but enter US using renewed 797 valid H1-B then it is really cool since i don't have waste time and money getting it stamped

4. I don't have original 485 reciepts . Is it a rule or law to have the original one at entering and exiting US?

Many thanks in advance

[funnyman]

I am also in same situation. H1B is valid till 2009, visa has expired on passport, need to travel next month, not getting any appointment, got advance parole. I want to continue using my H1B after re-entering USA, can i do that?

Found this http://www.shusterman.com/cronin51600.html , based on this it seems like one can enter USA using advance parole and then continue on H1B but these immigration laws keeps changing and that is a old memo (from year 2000). If anyone has first hand experience, please let me know.

Thank you.

[doomdoom]

That was I understood from this thread. So if we have valid I797, adn Parol, we dont have waste time and money for extension.

Right?

[ajaykk]

Hi guys.. Even I'm in the same boat. H1 visa stamp expired on the passport and has an approved 797 valid till May 2008. Got my EAD and AP receipts. I'm planning on India visit in Feb'08.

I hope the above laws on being on H1 status when returned on AP and without getting a visa stamp and later get the H1 extended without using EAD.

Fingers crossed!!!

AJ

[dude]

To enter into US you need to have a Valid Stamping on passport.

[dude]

Originally Posted by dude

To enter into US you need to have a Valid Stamping on passport.

I applied for AOS on 07/02/07. I got my EAD on 10/03/07. Fingure printing was also Done. I need to visit india on 11/07/07. I didnt get my I-131 approved. I have a valid H1B document & stamping in passport till 10/07/08. When i calle dmy attorney office, they told that i can travel using my H1B visa but my I-131 wont be a vaild document even after it was approved. I want to know whether it is safe to go or not. Please advice.

[sammyb]

Originally Posted by dude

To enter into US you need to have a Valid Stamping on passport.

what is the basis your comment ... this doesn't seems like correct ...

I will be in same boat like you all ... yet to check with my lawer on this ...

[bhakthan]

Friends,

Just wanted to share the first hand experience with the peers. nlssubbu and KrisKris have already given their best in the thread.

I have a valid H1 (I797) until 2010. My previous visa stamping expired on the passport on Apr,2007. Also i have a valid Advance parole, EAD (i'm one of the millions who applied 485 in the recent past).

On port of entry(this week), the officer allowed me on H1B visa (as he mentioned the same on I-94 card) and gave me the validity on it the same as H1 (which is 2010).

I showed him the advance parole document and he said "he dint need that".

Note: I dint get the stamping in INDIA with the latest H1 as i dint have time to get that done and i intend to come back to USA using advance parole based on my 485 filling.

Hope the above situation clarifies the approach the INS officer takes at the port of entry if you have a valid H1B and also an Advance Parole but no stamping on the passport for the latest H1.

Please refer the following thread for more information
http://immigrationvoice.org/forum/sh...ad.php?t=14384 (Problems associated in using Advance Parole for re-entry (instead of a visa stamp)) look for same_old_guy QA 6.

As always, please consult an attorney and my suggestion is based on my experience only.

[nlssubbu]

Originally Posted by bhakthan

Friends,

Just wanted to share the first hand experience with the peers. nlssubbu and KrisKris have already given their best in the thread.

I have a valid H1 (I797) until 2010. My previous visa stamping expired on the passport on Apr,2007. Also i have a valid Advance parole, EAD (i'm one of the millions who applied 485 in the recent past).

On port of entry(this week), the officer allowed me on H1B visa (as he mentioned the same on I-94 card) and gave me the validity on it the same as H1 (which is 2010).

I showed him the advance parole document and he said "he dint need that".

Note: I dint get the stamping in INDIA with the latest H1 as i dint have time to get that done and i intend to come back to USA using advance parole based on my 485 filling.

Hope the above situation clarifies the approach the INS officer takes at the port of entry if you have a valid H1B and also an Advance Parole but no stamping on the passport for the latest H1.

As always, please consult an attorney and my suggestion is based on my experience only.

Thanks for sharing your experiance. I hope at least after reading your reaply, many will step forward to use AP more liberally than getting H1 / H4 stamping in their respective consulates abroad.

I also requested many moderators to make this thread sticky and would appreciate, if they do so.

Thanks

[sparklinks]

Originally Posted by dude

I applied for AOS on 07/02/07. I got my EAD on 10/03/07. Fingure printing was also Done. I need to visit india on 11/07/07. I didnt get my I-131 approved. I have a valid H1B document & stamping in passport till 10/07/08. When i calle dmy attorney office, they told that i can travel using my H1B visa but my I-131 wont be a vaild document even after it was approved. I want to know whether it is safe to go or not. Please advice.

When i calle dmy attorney office, they told that i can travel using my H1B visa but my I-131 wont be a vaild document even after it was approved....... is this because you are not in USA at the time of approval?