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  • Traveling with parole with denied i140 and i485

    good day.

    I am a physical therapist in Chicago. I have general question regarding my status.

    I entered US with h1b sponsored by a hospital and i got the h1b extended an will expire late 2013.

    Here is my dilemma.

    I applied for i-140 and i-485 with Different Company. I also applied for work permit and travel document (parole) with that. I already got both my work permit (EAD card) and Travel document (parole).

    However, my i-140 and i-485 were denied. I already appealed or re-opened my case for the denial.

    I have some general questions:

    1. Is my working visa (h1b extension) in my 1st job still valid? even if I have my EAD (work permit already) from the company that petitioned my immigrant visa?

    2. Since my i-140 and 1-485 with that company were denied, what happened to my travel document (parole) and work permit (EAD card)? are they still valid?

    3. I am going to Philippines this coming december 2012, I already have a ticket, and I am planning to use my travel document (parole). Is this a good idea? will I be able to re-enter the US?

    FYI: I never got stamped for my h1b extension because I haven't gotten out of the country since I received it.

    Hopefully you can enlighten me with these matters. Thanks and God bless you.

    Sincerely yours,

    P.T. in chicago

  • #2
    Once your AOS is denied automatically your EAD and Advanced Parole are invalid.
    You can't use your Advanced Parole for traveling now. (now a days its very strict)

    Once you return back to USA, they take your passport and Advanced Parole and send to a different room where they check your status, and on what basis you got AP.

    For your questions:
    Your H1b is still valid, unless your sponsor revoke your H1b. (You must work with the sponsor who is holding your H1b)
    Now your EAD and Advanced Parole (aka Travel document) is no longer valid.
    I am 100% confident, you can't use your Travel document. ( if you wanna use on your own risk, and ready to face any adverse, it may return you back)
    If you want to go for H1b extension in your country, you must take prior appointment and all related documents from your sponsor. (Ex: All your W2, Pay Stubs, Tax returns, employer letter stating your job and duties etc).

    Please don't take a risk, until your case is stable or your I-140 approved and I-485 pending.
    If you want you can check with any attorney.
    Good Luck.

    Comment


    • #3
      Originally posted by Ronaldrpt82 View Post
      good day.

      I am a physical therapist in Chicago. I have general question regarding my status.

      I entered US with h1b sponsored by a hospital and i got the h1b extended an will expire late 2013.

      Here is my dilemma.

      I applied for i-140 and i-485 with Different Company. I also applied for work permit and travel document (parole) with that. I already got both my work permit (EAD card) and Travel document (parole).

      However, my i-140 and i-485 were denied. I already appealed or re-opened my case for the denial.

      I have some general questions:

      1. Is my working visa (h1b extension) in my 1st job still valid? even if I have my EAD (work permit already) from the company that petitioned my immigrant visa?

      2. Since my i-140 and 1-485 with that company were denied, what happened to my travel document (parole) and work permit (EAD card)? are they still valid?

      3. I am going to Philippines this coming december 2012, I already have a ticket, and I am planning to use my travel document (parole). Is this a good idea? will I be able to re-enter the US?

      FYI: I never got stamped for my h1b extension because I haven't gotten out of the country since I received it.

      Hopefully you can enlighten me with these matters. Thanks and God bless you.

      Sincerely yours,

      P.T. in chicago
      100% agree with zoom123

      Comment

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