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svhari24

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Hi

My priory date is current now and i have applied for I-485 (AOS,EAD,Parole) . We are planning to visit india sometime in April assuming our Parole & EAD will be approved by then. I have soem question in this regard.

1) If i have my parole approved, can i travel and come back to US without EAD approved?

2)What is my status if come back on AP? I have my H1 till 2014(but not stamped).

3) If the answer for above question is EAD, then can I go back to H1 status with out attending the Visa stamping (may be by applying AOS??) here in US ?

Thanks

Hari

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I understand you have filed your 485 recently. In that case EAD and AP will be single combo-card

Hi

My priory date is current now and i have applied for I-485 (AOS,EAD,Parole) . We are planning to visit india sometime in April assuming our Parole & EAD will be approved by then. I have soem question in this regard.

1) If i have my parole approved, can i travel and come back to US without EAD approved?

2)What is my status if come back on AP? I have my H1 till 2014(but not stamped).

3) If the answer for above question is EAD, then can I go back to H1 status with out attending the Visa stamping (may be by applying AOS??) here in US ?

Thanks

Hari

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1) Yes

2) H1B

3) NA

So, is this statement correct? If a person is employed on H1B visa and travels on AP, he'll be considered in H1B status. If his/her AOS is denied, and have to travel again her'll have to most definitely get H1B visa stamp. If this is true, what porblems could occur?

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I think the above replies may not be correct for the case#2.

Once you use your AP, your H1 will be no more valid. That's reason most of the attorney will suggest not to use AP, if you have valid H1. Because if there is any problem with your I-485, you will become out of status.

svhari24,

I am also in the same boat, planning to visit India in the March, my attorney suggested the same.

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I think the above replies may not be correct for the case#2.

Once you use your AP, your H1 will be no more valid. That's reason most of the attorney will suggest not to use AP, if you have valid H1. Because if there is any problem with your I-485, you will become out of status.

What do you even mean by "no more valid"? Your H1 authorization is certainly valid. You may or may not be considered in status after the entry on AP, but that does not do anything to your H1 approval. The issue of status only comes into play if your I-485 is denied, and you lose the appeal (and I can count on one hand the number of times people came with that problem). In this case, you need to ask your attorney whether you need to leave the US and re-enter on H1 visa to be considered in status. Given the kind of $hit you are in if you get a final denial on I-485, re-entering maybe the least of your problems.

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