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Advance Parole Abandoned

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by rhaidar, May 25, 2006.

  1. rhaidar

    rhaidar Registered Users (C)

    Hi,

    I am working on submitting all of the Forms in the next day or 2. I have some questions regarding Form I-131.

    In the Form under Advance Parole Document, Section D. They mentioned that if I travel before the advance parole document is issued, my application will be deemed abandoned???
    I am on H1B, which expires on Jan. 01 2007, and I am intending on travelling on Aug. 1st for 1 month visit back home. I understood that I can file for Advance parole and can get it even if i have H1B simultanesly. As long as I dont report/use my EAD card at work then my H1B will not be cancelled, so i can still use it to travel. Now given that advance parole decission takes around 60-90 days, that said, I dont think i will get it before August 1st. That means I am only relying on my H1B to travel and come back. Which is Ok. But What does that mean that if I left the country while I have a pending I-131 application it will be abandoned??? Any thoughts?

    If thats the case, should I wait till I come back and file Form I-131 alone later on? Or I can only file this Form (I-131) along all the other forms like I-130, I-485, etc...
    If I can file later, what is the easiest way to do it, so that they can add it to my file at the USCIS office in Chicago. Will they know that I have I-485 application pending by then or do I have to provide proof/copies?
     
  2. ari4u

    ari4u Registered Users (C)

    The form also states that if you are on H1-B, you dont need the AP. If you are still on a valid H1-B status, you can safely ignore the warning.

    As long as your H1-B is valid, you can use it to re-enter US. The fact that you left the US without your AP while your I-485 was pending does not affect your status as you are on H1 which allows dual-intent.

    you can file it separately or with the rest of package. Thats your call

    You will have to send copy of receipt notice of your I-485 to be considered eligible to apply for AP. You mention your A# while you file I-131, thats how USCIS knows how to track back
     
  3. rhaidar

    rhaidar Registered Users (C)

    Thanks ari4u for the helpfull reply. Probably I will submit Form I-131 right now with everything.

    Should I still put in the FOrm that my intended Date of Departure as Aug. 1st 2006. and Expected length of trip as 1 month.

    Also I was planning on using the template letter that you have in your sticky as Purpose of trip. Do you think that is good enough?

    "As I have travel plans to Lebanon for a wedding in the month of August, 2006, I request you to process my travel application. Thank you in advance for your assistance in this matter. Please do not hesitate to contact me if a question should arise."

    For the List of countries that I intend to visit. I will put Lebanon. But Some time next year around Feb, March I might be planning on visiting France. Will that be a problem since it is not listed in my intended list of countries? Am I just limited to the countries that i list in this box? Or this is not a big problem?

    Since I am applying for advanced parole, I will skip section 5 & 6 of the form and fill section 7, right?

    I know some of my questions are already answered in the detail section of the Form, but I just wanted to make sure that I am filling it right. Thanks in advance for all of your help.

    Raed
     
  4. Glorya

    Glorya Registered Users (C)

    Raed... I would advise to triple check everything before you leave. I am not so sure that you can leave the country without consequences even though your visa is valid. You are adjusting your status and they don't want anyone to leave the country before you get their clearance. If I was you, I would stay here before I get AP document. BTW, you still have two months and I'm sure they will issue one to you if you request for upcoming trip.
    Glorya
     
  5. OhNoo

    OhNoo Registered Users (C)

    Valid and stamped H1B has dual intention and can be used even you have AP. This has done for many H1B holders.
     
  6. cherr1980

    cherr1980 Registered Users (C)

    Glorya, sorry but you are giving a confusing message.

    Many people at least a big majority over here are in H-1B visas (btw Ari was one of them) and you can go safetly outside the US because does not matter the outcome of her I-485 she is and would be in a valid H-1B status until Jan07 if she does not use her EAD (when she gets it). H-1B is a DUAL intent visa, means that at the end the person could apply through the employer or other way for US permanent residency.

    Where do you get that "they don't want anyone to leave the country"? please, this is because a person gets a bad experience in one single port of entry? does not mean that has to do with the visa, most of the problems at the POE is because people start acting all nervous and freaking out for silly questions that you just must answer as you was taking a test. And even is that personal POE officer did not like you for whatever reason the most that they can do is to put you in second inspection as many others and that's it.

    The only consequences of not having an AP is IF you do not have a dual intent visa (which clearly is state WHO need one at the instructions form) then you MUST have an AP to be able to re-enter the US if not your application will be consider abandon, conclusion denied. AND if you were out of status for more than 180 days so then you should not apply to the I-131 (even if there are people that anyway does it) and are subject to the 3/10 year ban (that part is on the warning). IF it's not apply to you, then you have nothing to worry.

    Everything is about eligibility, if you are eligible you could apply. If that was the case, then nobody who overstay should apply for AOS even if an IR of a USC thinking that "they don't like that".
     
  7. Glorya

    Glorya Registered Users (C)

    Can an H-1B alien intend to immigrate permanently to the U.S.?

    Yes. An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H-1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the U.S.


    Guess you are right. Sorry for bad information.
     

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