Waiting for I-131

[Nipster]

Dear All,

I'm supposed to be going back home on Dec 23 2003. My AOS is pending for close to 1.5 years now. My H1-B stamp on the passport is expired althoughI do have a new H1-B approval (I-797).

I will be back home for only a week so I'm unable to get an appointment to get a new stamp at the US Embassy back home since they have changed their policies. Apparently now you have to fax all your documents and wait for a return fax that indicates your appointment date. This process usually takes more than a week so I'm unable to take that route.

So my only other option is Advance Parole. Texas BCIS received my I-131 application on Jun 6th. Still haven't heard anything. By Dec 6 it will be 180 days (which is how long it usually takes to process I-131 at Texas).

I have travel plans already made and have purchased a non-refundable ticket. What should I do?

Thanks
Nipster

 

[titu]

You have only two options, neither of them easy for you. Either wait for the AP before departing the US (it is invalid if you depart prior to its approval) or get a new H1B stamped on your passport to return on H1B status.

titu

Originally posted by Nipster
Dear All,

I'm supposed to be going back home on Dec 23 2003. My AOS is pending for close to 1.5 years now. My H1-B stamp on the passport is expired althoughI do have a new H1-B approval (I-797).

I will be back home for only a week so I'm unable to get an appointment to get a new stamp at the US Embassy back home since they have changed their policies. Apparently now you have to fax all your documents and wait for a return fax that indicates your appointment date. This process usually takes more than a week so I'm unable to take that route.

So my only other option is Advance Parole. Texas BCIS received my I-131 application on Jun 6th. Still haven't heard anything. By Dec 6 it will be 180 days (which is how long it usually takes to process I-131 at Texas).

I have travel plans already made and have purchased a non-refundable ticket. What should I do?

Thanks
Nipster

 

[Nipster]

I-131

Titu,

Thanks for your quick reply. However, I didn't understand your comment below:

(it is invalid if you depart prior to its approval)

Do you mean that AOS becomes invalide if I travel prior to AP approval? I seriously hope that's not the case. I think what you meant was that AP becomes invalid if I travel beofe its approval...correct?

Thanks again,
Nipuna

 

[titu]

Re: I-131

Yes, the AP is invalid if you depart prior to its approval. No effect on I485 though. You may not wait for AP approval if you plan to get a new H1B visa stamped for your re-entry.

titu

Originally posted by Nipster
Titu,

Thanks for your quick reply. However, I didn't understand your comment below:

(it is invalid if you depart prior to its approval)

Do you mean that AOS becomes invalide if I travel prior to AP approval? I seriously hope that's not the case. I think what you meant was that AP becomes invalid if I travel beofe its approval...correct?

Thanks again,
Nipuna