"matrix" wrote in message news:...
> "Jozef" wrote in message
> news:kHl5d.948$ku4.925@trnddc01...
> >
> > "Vinay" wrote in message
> > news:be0c0836.0409251030.404f744b@posting.google.com...
> >>
> >> My concern right now is, now that we have gotten the EAD, do we need
> >> to get AP?
> >
> > As long as you don't use your EAD to work, i.e. you maintain valid
> > H-1B/H-4
> > status, you do not need an AP to be able to re-enter the US.
> >
> >
> > Jozef
> > (Not a lawyer)
>
> He is now in the process of adjustment of status to an LPR and if he departs
> the US he will need an Advance Parole.
>
> This may help:
>
> Press Release
> U.S. Citizen and Immigration Services
>
> Contact: Dan Kane
> (202) 305-0006
>
> November 14, 2003
>
> IMMIGRANTS REMINDED TO OBTAIN ADVANCED PAROLE BEFORE TRAVELING ABROAD
>
> WASHINGTON, DC - U. S. Citizenship and Immigration Services (USCIS) reminds
> immigrants to obtain Advanced Parole before traveling abroad. Advanced
> Parole (Form I-131-- Application for Travel Document) is permission to
> re-enter the United States after traveling abroad, and allows for the
> continuation of processing for an adjustment of status to that of lawful
> permanent resident.
>
> "I want America's immigrant population to know before they go. These
> requirements must be met before leaving and are imperative for return to the
> U.S.," said Director Eduardo Aguirre. "This reminder is consistent with our
> commitment to world-class customer service and enhancing the integrity of
> our immigration system."
>
> Travel outside of the United States without advance parole may have severe
> consequences for certain immigrants who are in the process of adjusting
> their status. Such immigrants may be unable to return to the United States
> and their applications may be denied.
>
> The Illegal Immigration Reform and Immigrant Responsibility Act of 1996
> stipulates that immigrants who depart the United States after being
> unlawfully present in the United States for certain periods can be barred
> from admission to lawful permanent resident status, even if they have
> obtained Advance Parole. Those immigrants who have been unlawfully present
> in the United States for more than 180 days, but less than one year are
> inadmissible for three years; those who have been unlawfully present for a
> year or more are inadmissible for 10 years. Immigrants, who are unlawfully
> present, depart the U.S. and subsequently re-enter under a grant of parole,
> may nevertheless be ineligible to adjust their status.
>
> USCIS urges all immigrants with pending applications for adjustment of
> status to consult its National Customer Service Center at 1-800-375-5283,
> www.uscis.gov, an immigration attorney, or an immigration assistance
> organization accredited by the Board of Immigration Appeals before making
> any travel plans.
>
> On March 1, 2003, U.S Citizenship and Immigration Services became one of
> three legacy INS components to join the U.S. Department of Homeland
> Security. USCIS is charged with fundamentally transforming and improving the
> delivery of immigration and citizenship services, while enhancing the
> integrity of our nation's security.
>
> http://www.immigration.com/newsletter1/uscisreminderstravlers.html
Thanks for the input. I did actually call the customer service number
at USCIS and they too told me that I will not need the AP as long as
my H1 and my wife's h4 is valid. My problem was the once my wife
begins to work using her EAD, her H4 becomes invalid and that will
mean she needs AP.
Vinay |