Re-Entering USA with AP when H1 is valid

[GYV 0]

Hello,

I have applied for "Family Based Green Card" Since my husband is US citizen.

My I-130, EAD and AP have been approved and I received all the necessary documents. And also I have valid H1 visa. I am going to India and I am using Advance Parole while re-entering USA eventhough I have valid H1 visa.

1) Is there any problem if I use Advance Parole when I have Valid H1 Visa?

I am using Advance Parole to be safer side and one other reason for not using H1 is I am on bench right now. I don't think I need H1 anymore since I have Valid EAD to work.

Please advise is there any issue if I use AP while re-entering USA when I have valid H1 Visa.

2) What all documents we have to show then If I am using AP while re-entering.

3) Suggest me which one is safe to use AP OR Valid H1?

Reply me ASAP.

Thanks

[YuAndDan 153]

1) AP is NOT needed to be applied for when you have a valid H1 visa

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

http://www.uscis.gov/files/form/I-131instr.pdf

2) You just use H-1 to re-enter the USA.

3) H-1

Moving to Work/Travel prior to green-card forum

Edited March 9, 2009 by YuAndDan

[GYV 0]

Hello,

I have applied for "Family Based Green Card" Since my husband is US citizen.

My I-130, EAD and AP have been approved and I received all the necessary documents. And also I have valid H1 visa. I am going to India and I am using Advance Parole while re-entering USA eventhough I have valid H1 visa.

1) Is there any problem if I use Advance Parole when I have Valid H1 Visa?

I am using Advance Parole to be safer side and one other reason for not using H1 is I am on bench right now. I don't think I need H1 anymore since I have Valid EAD to work.

Please advise is there any issue if I use AP while re-entering USA when I have valid H1 Visa.

2) What all documents we have to show then If I am using AP while re-entering.

3) Suggest me which one is safe to use AP OR Valid H1?

Reply me ASAP.

Thanks

[GYV 0]

1) AP is NOT needed to be applied for when you have a valid H1 visa

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

http://www.uscis.gov/files/form/I-131instr.pdf

2) You just use H-1 to re-enter the USA.

3) H-1

Moving to Work/Travel prior to green-card forum

Hello,

Thanks for the reply.

Yes I have filed I-485 and it is still in pending.

My question is if I use AP while re-entering US with Valid H1-visa then is there any problem.

As I told you that right now I am on bench and waiting for the project but H1 is still valid. They should not create any problem If I use H1 visa. So I am thinking it is always safe to use AP and I don't need H1 visa any more now.

[YuAndDan 153]

Hello,

Thanks for the reply.

Yes I have filed I-485 and it is still in pending.

My question is if I use AP while re-entering US with Valid H1-visa then is there any problem.

As I told you that right now I am on bench and waiting for the project but H1 is still valid. They should not create any problem If I use H1 visa. So I am thinking it is always safe to use AP and I don't need H1 visa any more now.

Use them together, when entering USA present your passport and visa, along with the AP document.