Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > Travel out of country and re-entry during/after 485 filing
Click to log in with Facebook
Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 07-20-2008, 11:44 AM
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
02/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: Aug 2007
Posts: 61
kramesh_babu is on a distinguished road
Default Urgent - Used AP with Valid H1B Stamping

Friends,

I am on 9th year H1B Extension and filed my I485/EAD/AP with my current H1B company on July 2007 with an EB2 priority date of Feb 2005. I went to India in May for Visa stamping with my latest 3 year H1B extension. I and my family got the 3 years H1B/H4 Visa stamped, valid till 2011, with no issues.

Here is the bad part... When I came back to US, The immigration officer asked me to use the AP instead of H1 even though I tried my best to convince him NOT to use AP but he was not listening to me at all. I didn't want to argue and simply entered using AP

My family is coming back to US in next couple of weeks and they don't have AP in hand (Its with me) because I never thought they would need one as they have a valid h4 for next 3 years.

Here are my questions.

1. I used my AP and I am in the "Advance Parole" status now. Can my family reenter with their H4 Visa with no issues ?

2. I really want to continue on H1B, just to be on safer side and also I am not planning to change my employer anytime soon. How can I get back to my H1B status now ? Is there anyway I can do it from here. Please remember I already have a valid H1B stamping.

Any help would be greatly appreciated.

Thanks very much in advance for all your help.

Ramesh.

Last edited by kramesh_babu; 07-20-2008 at 11:54 AM. Reason: typo
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 07-20-2008, 12:59 PM
Junior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
03/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Jul 2008
Posts: 1
h1_maveric is on a distinguished road
Default

I am under the similar situation. I had my visa stamped in Chennai and wanted to come back using H1 instead of AP in May 2008. However I was forced to use the AP since my wife was using her AP. I sincerely do not understand or know the logic behind this.
However I am still working using my H1. My employer informed me that H1 does not get cancelled just bcoz I had used my AP. AP or H1 visa are just documents for entering the country and it does not affect your H1 status. Till date since May 2008 I have been on H1.
If I were you, I would send them their APs immediately and ask them to use it if they are not allowed with their H4.

All the best !

Note: This is a personal advice based on my experience and is not a professional advice.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 07-20-2008, 01:59 PM
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
02/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: Aug 2007
Posts: 61
kramesh_babu is on a distinguished road
Default Thanks

Quote:
Originally Posted by h1_maveric View Post
I am under the similar situation. I had my visa stamped in Chennai and wanted to come back using H1 instead of AP in May 2008. However I was forced to use the AP since my wife was using her AP. I sincerely do not understand or know the logic behind this.
However I am still working using my H1. My employer informed me that H1 does not get cancelled just bcoz I had used my AP. AP or H1 visa are just documents for entering the country and it does not affect your H1 status. Till date since May 2008 I have been on H1.
If I were you, I would send them their APs immediately and ask them to use it if they are not allowed with their H4.

All the best !

Note: This is a personal advice based on my experience and is not a professional advice.
Thanks for your immediate response, Maveric.

Would that be okay if they let her reenter as H4 (because My current status on I-94 is "Advance Parole") ?

And also, Is there anyway to change my status back to H1 without leaving the country ?

Gurus, Please advice.
Thanks.

Last edited by kramesh_babu; 07-20-2008 at 02:00 PM. Reason: typo
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 07-20-2008, 02:52 PM
Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
03/08/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/04/2007
Compare
Join Date: Mar 2006
Posts: 68
karthkc is on a distinguished road
Default No worries...

Quote:
Originally Posted by kramesh_babu View Post
Thanks for your immediate response, Maveric.

Would that be okay if they let her reenter as H4 (because My current status on I-94 is "Advance Parole") ?

And also, Is there anyway to change my status back to H1 without leaving the country ?

Gurus, Please advice.
Thanks.
I don't see any issues here with you continuing on H1B for your current employer. As your employer said, the AP usage is for travel purposes only. It does not automatically invaildate your H1B as long as you continue working for the same petitioning employer. You do not need to go out of the country and come back on H1 for that either.

The link below addresses your concerns but takes a very cautious view of h1b usage after AP travel.

http://www.murthy.com/news/n_efftrv.html

As far as your family is concerned, they should be able to enter using H4 but I am not sure if and how your parolee status would affect them..Better to check with an attorney on that one..
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 07-20-2008, 06:52 PM
Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
06/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/18/2007
Compare
Join Date: Aug 2007
Posts: 75
sreeanne has a little shameless behaviour in the past
Default nothing happens..

ramesh,

you can always continue on H1B even though you entered as 'parolee' as long as you have valid H1b 797.

Your family can come on H4 and no one can stop them at POE, so dont worry much.

Regds
Sreedhar
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 07-20-2008, 07:20 PM
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
02/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: Aug 2007
Posts: 61
kramesh_babu is on a distinguished road
Default Thanks guys.

Thanks very much Karthik and Sreedhar.

Yes, I think my H1 status is not an issue. But, I am more concerned about me being a "Parolee" status and they come in as H4. I don't want them to face any trouble at the port of entry because my wife is coming alone with 2 small kids (she will have enough trouble with the kids anyway ).

If anyone has any knowledge about this, Please share.

I also sent an email to my Lawyer and will keep you all updated.

Thanks again.

Ramesh.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 07-20-2008, 07:42 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 356
morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts
Default

Two options for getting back to "H1B status".
Option 1. Travel to Mexico/Canada / or anywhere outside and get back with a new I94.
Option2. File an extension on your H1B.

There is a good chance that the immigration officers may make a fuzz about the AP, if your wife mentions that you had been paroled in. (hei... they made a fuzz about a straight forward thing..... "you entering using H1B stamp").

I would recommend that anybody who want to maintain H1B status, and have a valid stamp in their passport, shouldn't even mention that they have an AP at port of entry. The officers doesn't even need to know that you have an AP document with you. Just show them what they need to know, your H1B stamp, passport, I-797 etc, and thats it.

-Morchu

Quote:
Originally Posted by kramesh_babu View Post
Thanks very much Karthik and Sreedhar.

Yes, I think my H1 status is not an issue. But, I am more concerned about me being a "Parolee" status and they come in as H4. I don't want them to face any trouble at the port of entry because my wife is coming alone with 2 small kids (she will have enough trouble with the kids anyway ).

If anyone has any knowledge about this, Please share.

I also sent an email to my Lawyer and will keep you all updated.

Thanks again.

Ramesh.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 07-20-2008, 08:08 PM
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
02/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: Aug 2007
Posts: 61
kramesh_babu is on a distinguished road
Thumbs down Guess what ?

That is exactly what I did.

Initially, I didn't mention anything about my GC at all. I just showed my H1B stamping. But, He started asking about my GC and I said "Yes, I applied my I485 in 2007". Then he asked "Where is your AP ?" I said "I have it but I don't want to use it because I want to continue be on H1B and have a valid stamping". Then he said "If you have AP then its better to use that" and asked me to go to the "Immigration room".

Then the immigration officer called me after 45 minutes and she said "You all set" and my I94 was ready as "Parolee". I started explaining the situation and my wife coming back in 2 weeks with no AP. She simply said " Thats is not an issue, Let her use H4 and you can also use your H1 for reentry next time and she said "You are done, Please leave".

Its all my bad... What else can I say
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 07-20-2008, 08:55 PM
Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
03/19/2005
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 40
kutra has a reputation beyond repute kutra has a reputation beyond repute kutra has a reputation beyond repute kutra has a reputation beyond repute kutra has a reputation beyond repute kutra has a reputation beyond repute kutra has a reputation beyond repute kutra has a reputation beyond repute kutra has a reputation beyond repute kutra has a reputation beyond repute kutra has a reputation beyond repute
Default

Quote:
Originally Posted by kramesh_babu View Post
That is exactly what I did.

Initially, I didn't mention anything about my GC at all. I just showed my H1B stamping. But, He started asking about my GC and I said "Yes, I applied my I485 in 2007". Then he asked "Where is your AP ?" I said "I have it but I don't want to use it because I want to continue be on H1B and have a valid stamping". Then he said "If you have AP then its better to use that" and asked me to go to the "Immigration room".

Then the immigration officer called me after 45 minutes and she said "You all set" and my I94 was ready as "Parolee". I started explaining the situation and my wife coming back in 2 weeks with no AP. She simply said " Thats is not an issue, Let her use H4 and you can also use your H1 for reentry next time and she said "You are done, Please leave".

Its all my bad... What else can I say
That's so wrong for the Immigration Officer to decided what's good for you! The IO cannot force you to use your AP if you don't want to. I would be infuriated. Anyway, no harm is done so no point in thinking about it.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 07-22-2008, 09:02 PM
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
02/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: Aug 2007
Posts: 61
kramesh_babu is on a distinguished road
Lightbulb Update !!!

I talked to my Employer and Lawyer, Finally they decided to file a H1B Amendment to change my status from "Parolee" to "H1B" in a premium processing.

I'll keep you all updated for any further information.
Thanks again for all your timely responses.
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 07-22-2008, 10:48 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
06/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
Compare
Join Date: Dec 2006
Posts: 631
amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future
Default

This seems to be logical and correct thing to do. Once you get the approval, your family can use their H-4 visa to reenter.

I am surprised by earlier posts that suggest that you are on H-1B status even after you enter using your AP. If that were true, then what would be the need to file the H-1B amendment to change status from Parolee to H1B?

IMHO, your status in the country is determined by the most recent I-94 that you have received from the USCIS/POE.

Quote:
Originally Posted by kramesh_babu View Post
I talked to my Employer and Lawyer, Finally they decided to file a H1B Amendment to change my status from "Parolee" to "H1B" in a premium processing.

I'll keep you all updated for any further information.
Thanks again for all your timely responses.
__________________
Be Active and Help Yourself!
Join the GA State Chapter!

$$$ Contributions:
$560 in one time contributions
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 07-22-2008, 10:59 PM
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
02/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: Aug 2007
Posts: 61
kramesh_babu is on a distinguished road
Default Yes

Quote:
Originally Posted by amsgc View Post
This seems to be logical and correct thing to do. Once you get the approval, your family can use their H-4 visa to reenter.

I am surprised by earlier posts that suggest that you are on H-1B status even after you enter using your AP. If that were true, then what would be the need to file the H-1B amendment to change status from Parolee to H1B?

IMHO, your status in the country is determined by the most recent I-94 that you have received from the USCIS/POE.
Yes, The other option is to leave the country and reenter to get the new I-94 with "H1B" status which I didn't choose because of my hectic work schedule.
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 07-23-2008, 11:52 AM
Senior Member
Priority Date
:
Oct-01
Category
:
EB3
I140 Mailed Date
:
09/05/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/21/2007
Compare
Join Date: Jul 2007
Posts: 571
webm will become famous soon enough
Default

Quote:
Originally Posted by amsgc View Post
This seems to be logical and correct thing to do. Once you get the approval, your family can use their H-4 visa to reenter.

I am surprised by earlier posts that suggest that you are on H-1B status even after you enter using your AP. If that were true, then what would be the need to file the H-1B amendment to change status from Parolee to H1B?

IMHO, your status in the country is determined by the most recent I-94 that you have received from the USCIS/POE.
Even if you enter on AP at POE (Parolee status),you can still continue work on H1-B with the same employer and can apply for Extensions before it expires..as a regular practice.. showing AOS pending..don't worry much..

There are threads in this forum discussed on the same topic many times ..
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 07-23-2008, 12:17 PM
Donor
Priority Date
:
Mar-02
Category
:
EB3
I140 Mailed Date
:
07/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/28/2007
Compare
Join Date: Aug 2007
Posts: 141
kartikiran has a reputation beyond repute kartikiran has a reputation beyond repute kartikiran has a reputation beyond repute kartikiran has a reputation beyond repute kartikiran has a reputation beyond repute kartikiran has a reputation beyond repute kartikiran has a reputation beyond repute kartikiran has a reputation beyond repute kartikiran has a reputation beyond repute kartikiran has a reputation beyond repute kartikiran has a reputation beyond repute
Default

would like to know which airport was this at?

appreciate your reply
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 07-23-2008, 12:18 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
06/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
Compare
Join Date: Dec 2006
Posts: 631
amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future
Default

When you say you can work on H-1B, are you saying that you are on H-1B status in the US?

Quote:
Originally Posted by webm View Post
Even if you enter on AP at POE (Parolee status),you can still continue work on H1-B with the same employer and can apply for Extensions before it expires..as a regular practice.. showing AOS pending..don't worry much..

There are threads in this forum discussed on the same topic many times ..
__________________
Be Active and Help Yourself!
Join the GA State Chapter!

$$$ Contributions:
$560 in one time contributions
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Urgent - I-797 for H1 stamping after acquisition samiq Non-Immigrant Visas 11 03-09-2012 10:30 AM
H1 Stamping Stuck @ Mexico *** Urgent *** Myvisa Non-Immigrant Visa 3 03-28-2010 03:06 PM
H1 Stamping question (Urgent!) rkgc Non-Immigrant Visa 0 11-10-2009 04:27 PM
URGENT: Need Help - H1B Stamping atomix123 Non-Immigrant Visas 0 10-05-2008 06:33 PM
H1B Stamping question (urgent) SBH Non-Immigrant Visas 6 01-11-2007 01:52 PM



All times are GMT -4. The time now is 11:42 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org