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Immigration Issues/Do I need to use Advance Parole or not?

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Question
My spouse's employer filed for I-140 & I-485 (concurrent filing) along with EAD /AP last year under EB3 when dates were current. I was the secondary applicant for I-485, EAD/AP and work for a different employer under H1-B status.

My employer also filed Labor Certification for me more than 2 years ago and is pending for more than 365 days and I got my H1-B 7th year extension approved. I am planning to get my H1-B Visa stamped in INDIA.

My spouse I-140 got approved last year and we both got EAD/AP. my spouse is planning to use AP and I want to use my H1-B for travel to INDIA this summer.

We want to know if it is OK for me to use my H1-B Visa to re-enter USA with out jeoparadising my pending I-485. (with out using AP/EAD that i got through my spouse).

Do I need to carry the original I-485 receipt at the port of entry? If not what will happen? (we can only get a photo copy from my spouse's employer)

If I use the AP what will happen to my H1B status with my employer? (different from my spouse's employer)

Thanks in advance.

Regards
Sara

Answer
Hi Sara,

You have the option of entering the U.S. on an unexpired H-1B visa, or on Advance Parole Document. Even if you enter on advance parole document issued through your spouse's case, you will maintain H-1B status as long as you continue to be employed by your H-1B employer.

If you enter on H-1B visa, you do not have to carry I-485 receipt notice. If entering on advance parole document, copy of I-485 receipt notice should be fine, although I recommend carrying EAD as well, and perhaps any other correspondence issued in connection with I-485 filing such as fingerprinting (biometrics) appointment, if applicable.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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