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View Full Version : With AP, do I need enter and exit US everytime before I travel to adifferent country?


gcwaiting4031
05-20-2009, 01:45 PM
I am traveling to Japan for business and then I am going to Africa for vacation. Can I go directly from Japan to Africa or do I need to come back to US, get my AP stamped and then go from US to Africa? I have an AP.

Also are there any risks associated with traveling for vacation on AP?

Thanks

va_dude
05-20-2009, 02:21 PM
Yes you can go directly from Japan to Africa.
There's no reason to make a stop in the US for any stamping.

capriol
05-20-2009, 06:31 PM
Hi folks:
can you please help me about these two questions about the I-131 (Appication for Travel Document)? This form is for myself, currently in the U.S.

(1) Under Part 3, after the first 3 questions, the form says, IF YOU ARE APPLYING FOR AN ADVANCED PAROLE DOCUMENT, SKIP TO PART 7. Does that mean I discard all the questions, under part 3, and go straight to Part 7?

(2) Under Part 7, what should I do with questions 2, and 3, which basically ask if the travel document should be sent to overseas to a US Consulate or a DHS office? Should I just leave them blank or write "N/A."

Please let me know. Thanks.

rsdang1
05-20-2009, 06:35 PM
My recommendation

Yes to first Q

N/A to second Q

peterpan
05-20-2009, 07:44 PM
I am traveling to Japan for business and then I am going to Africa for vacation. Can I go directly from Japan to Africa or do I need to come back to US, get my AP stamped and then go from US to Africa? I have an AP.

Also are there any risks associated with traveling for vacation on AP?

Thanks

No to both. I just went to Dubai and then to India on vacation and entered with an AP with zero problems.

capriol
05-20-2009, 09:08 PM
Hi Folks,
(1) Is there a certain number of years for which an advanced parole given by the USCIS? Or, does it depend on what the applicant is writing, for ex, "I am planning a trip to XXX in between July 1, 2009 through 30 December 2010," and the parole is given on that many years of request?

(2) Also, once an advanced parole expires, should the applicant re-apply it continuosly until he/she receives his/her green card? In case of renewal, should the applicant apply for renewal before a certain number of months before the AP expires.

Thanks for answering, friends. This process is so confusing.

Sreeshankar
05-21-2009, 12:43 AM
Hi Folks,
(1) Is there a certain number of years for which an advanced parole given by the USCIS? Or, does it depend on what the applicant is writing, for ex, "I am planning a trip to XXX in between July 1, 2009 through 30 December 2010," and the parole is given on that many years of request?

(2) Also, once an advanced parole expires, should the applicant re-apply it continuosly until he/she receives his/her green card? In case of renewal, should the applicant apply for renewal before a certain number of months before the AP expires.

Thanks for answering, friends. This process is so confusing.
Advance Parole(AP) is usually given for one year, usually multiple entries. However some travel permits are given for two years based on special circumstances/requests. If one intends to travel outside US, then AP is necessary, in the absence of other re-entry allowing visas like H1 etc. Usually people apply 2 - 3 months before the expiry of the current AP. Please check the current USCIS regulations by going to the AP section at USCIS site and also consult your lawyer. Thanks.

vikramy
05-21-2009, 12:12 PM
If i travel back to US on AP, i know that my I94 will be Stamped Parolee.

My question How long this I94 will be valid. My I94 expires in Sep 09. So will it be given only till Sep09.

If so what should i do after Sep09. Just keep renewing my AP Application even though i don't travel.

va_dude
05-21-2009, 03:41 PM
software7:

your point about h1b status automatically changing to ead when you enter the US using an AP is incorrect.

AP is purely for re-entry and has nothing to do with your visa. One can enter the US on AP with a valid H1b visa (stamped or unstamped). Although if it is stamped, there is really no need for the AP.

software7
05-21-2009, 04:46 PM
software7:

your point about h1b status automatically changing to ead when you enter the US using an AP is incorrect.

AP is purely for re-entry and has nothing to do with your visa. One can enter the US on AP with a valid H1b visa (stamped or unstamped). Although if it is stamped, there is really no need for the AP..

I would like to answer this question.

It is correct that if Valid Visa is used to enter in to US, AP need not be used.


I would like to share my experince in this aspect. On Feb 15 '08, I went out side of US. Had valid H1B for which I94 is valid till october 2010.

When I came back using AP, got new I 94 valid till 1 yr( I came here on april 14(2008), Got new I94 number valid till April 13 , 2009.

H1B I94 is no more valid once you enter in to US using AP.

Amendment needs to be filed in order to continue on H1.

Spoke to attorney and told him that I want to continue on H1B. He filed amendment and got New H1B valid till 2011 (for 3 yrs).

This helped me a lot, as I485 is denied erroneously. Filed service motion to get I485 reopened which was done eventually.
Especially when we face this type of situations ( I485 denial etc), valid H1B helps.

va_dude
05-21-2009, 05:09 PM
hmmm... good info. thanks for sharing it.

i'll need to pass this along to some friends in the same boat.

vikramy
05-22-2009, 12:02 PM
Thanks for sharing this. I always thought travelling on AP does not invalidate my H1b. Are you saying it will and I will be changed to EAD automatically. To continue on H1b i need to file adjustment.

what if my wife come on AP, Will even then my H1b becomes invalid. She is dependent.

.

I would like to answer this question.

It is correct that if Valid Visa is used to enter in to US, AP need not be used.


I would like to share my experince in this aspect. On Feb 15 '08, I went out side of US. Had valid H1B for which I94 is valid till october 2010.

When I came back using AP, got new I 94 valid till 1 yr( I came here on april 14(2008), Got new I94 number valid till April 13 , 2009.

H1B I94 is no more valid once you enter in to US using AP.

Amendment needs to be filed in order to continue on H1.

Spoke to attorney and told him that I want to continue on H1B. He filed amendment and got New H1B valid till 2011 (for 3 yrs).

This helped me a lot, as I485 is denied erroneously. Filed service motion to get I485 reopened which was done eventually.
Especially when we face this type of situations ( I485 denial etc), valid H1B helps.

software7
05-22-2009, 01:24 PM
AS I shared my experience earlier, in order to continue on H1B, amendment need to be filed. Even if spouse has valid H1B and entered using AP, Same thing applies even though she is dependent.

vikramy
05-22-2009, 02:19 PM
As per my Lawyer H1 is not impacted by using AP. He said you should be fine. Now i am confused
AS I shared my experience earlier, in order to continue on H1B, amendment need to be filed. Even if spouse has valid H1B and entered using AP, Same thing applies even though she is dependent.

GCOP
05-22-2009, 02:57 PM
There is one more question regarding I-94 (Bottom Part of Approved H1B). I am planning to go to India and have approved Parole Document . When I re-enter US, I am going to use AP.
Now, question is- While leaving US, Should I turn in bottom part I-94 ,of I-797 (H1B Approval ) along with the Form I-94 (which is stapled with passport) which I filled in when I returned to US during last trip ?
To my opinion, all the I-94 should be turned in ( The one with approval and also the other one when I re-enetred US last time). But any other thoughts would be helpful.
Thanks.

software7
05-22-2009, 03:23 PM
Vikram,

Attorney is well qualified person in these matters. Just I shared my personal experience.

software7
05-22-2009, 03:26 PM
There is one more question regarding I-94 (Bottom Part of Approved H1B). I am planning to go to India and have approved Parole Document . When I re-enter US, I am going to use AP.
Now, question is- While leaving US, Should I turn in bottom part I-94 ,of I-797 (H1B Approval ) along with the Form I-94 (which is stapled with passport) which I filled in when I returned to US during last trip ?
To my opinion, all the I-94 should be turned in ( The one with approval and also the other one when I re-enetred US last time). But any other thoughts would be helpful.
Thanks.

Yeas You are right. ALl I94 should be returnen even ehich is stapled to passport and bottom portion of I797- H1B approved notice. WHen we come vack, we will get new I94

desitechie
05-22-2009, 06:25 PM
As per my Lawyer H1 is not impacted by using AP. He said you should be fine. Now i am confused

I got the same response from three different attorneys.

GCOP
05-26-2009, 10:58 AM
software7, Thanks for reply. I was thinking the same but also wanted to confirm at the same time. I really appreciate your input. Thanks,

Yeas You are right. ALl I94 should be returnen even ehich is stapled to passport and bottom portion of I797- H1B approved notice. WHen we come vack, we will get new I94

software7
05-27-2009, 10:45 AM
THis excerpt is from Murthy.com website under rumours section.

Rumor : If a foreign national is working on an H-1 or L-1, but travels abroad and enters on the Advance Parole (AP), s/he has lost the H-1 or L-1 status, as well as all the privileges of that status. Such a person would have to use an Employment Authorization Document (EAD) in order to work after returning on AP.

Clarification : The law in this area is rather complex, and somewhat contradictory. If a person enters the U.S. on Advance Parole, s/he no longer holds H-1 or L-1 status. However, under Legacy INS memos and USCIS interpretations, if the foreign national enters on AP, and works without an EAD, it is not regarded as unauthorized employment, if the H-1 or L-1 authorization for employment would not have expired, had the individual not traveled on AP. Additionally, if the individual returns to work for the H-1/L-1 employer after AP travel, s/he can resume the H-1/L-1 status if the employer files a request for extension of that status. The approval of the extension will terminate the grant of parole and return the foreign national to the nonimmigrant status.

Because the ability to work after AP travel is based on memos, rather than law or regulation, and because of the language used in the memos, it is safer for a person who has entered on AP to obtain the EAD, in order to have a clearly valid authorization for employment. For more on this topic, see our March 21, 2008 MurthyBulletin article, Effect of Travel while in H-1/L-1 Status and Pending I-485.


Effect of Travel While in H1B / L-1 Status and Pending I-485
Posted Mar 21, 2008
©MurthyDotCom
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article

software7
05-27-2009, 10:54 AM
software7:

your point about h1b status automatically changing to ead when you enter the US using an AP is incorrect.

AP is purely for re-entry and has nothing to do with your visa. One can enter the US on AP with a valid H1b visa (stamped or unstamped). Although if it is stamped, there is really no need for the AP.

Hi, Got the following excerpt from Murthy.com under rumours section.

--------------------------------------------------------------------------------

THis excerpt is from Murthy.com website under rumours section.

Rumor : If a foreign national is working on an H-1 or L-1, but travels abroad and enters on the Advance Parole (AP), s/he has lost the H-1 or L-1 status, as well as all the privileges of that status. Such a person would have to use an Employment Authorization Document (EAD) in order to work after returning on AP.

Clarification : The law in this area is rather complex, and somewhat contradictory. If a person enters the U.S. on Advance Parole, s/he no longer holds H-1 or L-1 status. However, under Legacy INS memos and USCIS interpretations, if the foreign national enters on AP, and works without an EAD, it is not regarded as unauthorized employment, if the H-1 or L-1 authorization for employment would not have expired, had the individual not traveled on AP. Additionally, if the individual returns to work for the H-1/L-1 employer after AP travel, s/he can resume the H-1/L-1 status if the employer files a request for extension of that status. The approval of the extension will terminate the grant of parole and return the foreign national to the nonimmigrant status. Because the ability to work after AP travel is based on memos, rather than law or regulation, and because of the language used in the memos, it is safer for a person who has entered on AP to obtain the EAD, in order to have a clearly valid authorization for employment. For more on this topic, see our March 21, 2008 MurthyBulletin article, Effect of Travel while in H-1/L-1 Status and Pending I-485.


Effect of Travel While in H1B / L-1 Status and Pending I-485
Posted Mar 21, 2008
©MurthyDotCom
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article