Travelling when Applied for Advance Parole

[GC_No1]

Hi all,

Question:
Can i travel outside US when i have applied for my AP, some folks have warned me about abandonment of application.

Situation:
I have applied for my AP renewal on Feb 15 and according to the processing times am expecting my approval arnd April end.
I am planning to visit India arnd March last week.
My Current AP will expire on 1st May.06 and am planning to travel back around June time frame. I the mean time i am hoping to get my AP approval in US and my spouse would mail it to me in India, so that i can travel back to US arnd June time frame. Do you think its Ok to do that.

Gurus.. your feedback Would be Appreciated..

Thanks

[yoyo_godmom]

I did travel on H-1B while my AP was pending. Although my AP was approved later, the attorney warns me not to use it since it is consider abandoned already.

[dms]

Originally Posted by GC_No1

Hi all,

Question:
Can i travel outside US when i have applied for my AP, some folks have warned me about abandonment of application.

Situation:
I have applied for my AP renewal on Feb 15 and according to the processing times am expecting my approval arnd April end.
I am planning to visit India arnd March last week.
My Current AP will expire on 1st May.06 and am planning to travel back around June time frame. I the mean time i am hoping to get my AP approval in US and my spouse would mail it to me in India, so that i can travel back to US arnd June time frame. Do you think its Ok to do that.

Gurus.. your feedback Would be Appreciated..

Thanks

You CANNOT do this. The requirements for re-entry using an AP are:
1) The AP must be valid at the time of re-entry, and
2) The SAME AP must have been issued at the time that you left the country.
What you are planning fails the second requirment. You must either defer your trip until you receive your new AP, or return before the 1st May.

Note: contrary to what 'yoyo_godmom' says, it has been confirmed by USCIS memo that travel while an AP application is pending is allowable and will not affect your status, or the validity of the AP.

[SAMBOCICO]

Originally Posted by dms

You CANNOT do this. The requirements for re-entry using an AP are:
1) The AP must be valid at the time of re-entry, and
2) The SAME AP must have been issued at the time that you left the country.
What you are planning fails the second requirment. You must either defer your trip until you receive your new AP, or return before the 1st May.

Note: contrary to what 'yoyo_godmom' says, it has been confirmed by USCIS memo that travel while an AP application is pending is allowable and will not affect your status, or the validity of the AP.

Do you have access to the USCIS memo that you just mentioned here. I have a travel document that is going to expire. I will travel and come back before it is expiration date. However, due to frequent travel, I would like to renew it before my last trip. That means it is most likely will get approved while I am traveling although I have the old on to get in. Would that be a problem? I would really appreciate it if you post this memo in here.

Thanks

[SAMBOCICO]

Originally Posted by dms

You CANNOT do this. The requirements for re-entry using an AP are:
1) The AP must be valid at the time of re-entry, and
2) The SAME AP must have been issued at the time that you left the country.
What you are planning fails the second requirment. You must either defer your trip until you receive your new AP, or return before the 1st May.

Note: contrary to what 'yoyo_godmom' says, it has been confirmed by USCIS memo that travel while an AP application is pending is allowable and will not affect your status, or the validity of the AP.

If you have access to this memo, I would really apprecaite it if you post it here. I have a vaild AP that is going to expire soon. I will travel and come back using this current AP. However, due to frequent business travel, I will apply for renewal before my next travel. The new AP will get approved while I am traveling though. Would that be a problem if I use the new one for future travel?

[dms]

Here's a link to the memo http://www.murthy.com/news/n_favint.html. The example covers both situations mentioned in this thread.

[SAMBOCICO]

Thanks, that was very helpful.

[GC_No1]

Originally Posted by SAMBOCICO

Thanks, that was very helpful.

DMS thanks a bunch.. appreciate ur prompt response...

[yoyo_godmom]

Originally Posted by dms

Note: contrary to what 'yoyo_godmom' says, it has been confirmed by USCIS memo that travel while an AP application is pending is allowable and will not affect your status, or the validity of the AP.

Thanks...at least I can keep my AP around for a while
Since I can't trust my attorney too much Probably I should ask this question here:

My BF has H-1B transfer pending for a while and we plan to travel next month. Can he use his AP just in case the xfer is not approved before we leave? Is it going to be a problem for both H-1B and I-485?

Thanks very much