Traveled on Expired Advance parole

[Amitkumar58]

Hi,
Me and spouse currently holding GC EAD , I had also AP in hand on which I already traveled once in March 2023. During immigration they stamped in AP with start and expiration date, which i mistakenly thought is my AP expiration dates instead what mentioned on the top of AP.
I have employment based GC.
Couple days before I had to travel again and at Chicago airport, CPB officer Zola’s me you traveling on expired AP. I was with my family (kids are US citizens). After 4 hours waiting they gave me 30 days AP along with I546 to appear for personal interview with my spouse.
I am contacting attorneys, had scheduled appointment in couple of days but wanted to check in this form of someone has similar experience and what’s the outcome of their interview?

Also,My H1b is expired, working with my company to file extension based on I140.

Q:
1. Would it be possible they will allow to file new AP
2. Are they for sure going to revoke I485? If they revoke and my H1B extensions didn’t happened then I would not be able to work.
3. What’s the best way to prepare for upcoming interview .

I am worried what could else may happen on interview day.
If anyone has gave this situation please share your experience

 

[newacct]

First of all, you need to clear up some terminology. AP (Advance Parole) is a document you get from USCIS ahead of travel abroad, that allows you to leave and re-enter the US. You cannot get an "AP" at the port of entry. You got an I-94 stating you were "paroled" in for a period of time at the port of entry. (This is just like how you get US visas at a US consulate, and you cannot get a US visa at a port of entry. Rather, you get an I-94 stating that you are admitted for a certain period of time at a port of entry.) So before your latest trip you did not have a valid AP. You also do not "have employment based GC" -- you are applying for a GC, and had a pending I-485.

First, your I-485 was automatically abandoned when you left the US without a valid AP and didn't have H1b/H4/L1/L2/K3/K4/V status before you left (you didn't have H1b status since you were paroled in the last time you entered), according to 8 CFR 245.2(a)(4)(ii)(A). Second, you tried to enter the US without a valid visa or valid AP. The airline really shouldn't have let you board in the first place, since you didn't have any acceptable document for entering the US, but they allowed you to board by mistake. At the port of entry, they gave you I-546 which means "deferred inspection". They did not give you "30 days AP" -- you don't have an AP. They paroled you in for 30 days for the deferred inspection.

I don't know what you expect to say at the deferred inspection. How do you claim to be able to enter the US at this point? You don't have a valid visa or a valid AP. Your I-485 was also abandoned. In the best case, perhaps you could file a new I-485 from scratch (paying all the fees and providing all the materials again), since you were paroled (and paroled for deferred inspection counts as paroled for the purposes of I-485), and employment-based I-485 can be filed as long as you haven't been out of status or illegally working for more than 180 days since your most recent admission. I don't know about your employment authorization in the meantime because your I-485-based EAD would presumably be revoked when they realize your I-485 has been abandoned. This is all stuff you need to discuss with your lawyer.