Regarding EAD and Adavance Parole

[ShamaParwana]

Hi,

My husband has applied for I-140 and I-485 concurrently. He also applied for EAD and Advance Parole for both of us in mid-October.

Currenly we both are on H1 visa status. My husband's H1-visa will expire in 2005 after 6 years term and my visa will expire in 2006 and I can renew it for 3 more years. We are still waiting for EAD and Advance Parole.

We want to go to India as soon as our EAD and Advance Parole come. Now I read that if we want to use Advance Parole we need to have EAD/AP status. So I am little confused. We don't want to use our EAD right now. So can we still go to India on valid H1-status and use Advance Parole for reentry. Also some people suggested that it is risky to travel on Advance Parole. Is that correct? Which papers do we need to take with us for safe re-entry.

Please advice. We really appreciate your help and guidance.

[priyal73]

Travel on your H1

As both of you have your H1B's valid. Trave on your H1B. That is when entering the country show the immigration officer your H1B visas. You should not have a problem.

Even if you have your EAD's and AP's, you can still be on H1B status as long as you work for the emp who has sponsored your H1B.

So, dont even show your AP's and EAD to the immigration officer.

Feel free to email me at [email protected] if you need further information. I have travelled on H1B after receiving my EAD and AP.