ADVANCE PAROLE... First time to Use on 05/16. FAMILY EMERGENCY. HELP!

N

nhats

Registered Users (C)
Hi. My family from Manila, Philippines, called me very early this morning to tell me that I MUST GO HOME to see my dad which I have not seen for 3 years. He is seriously ill. I have a valid advance parole which will expire on June 28, 2003.

I came here using a B-2 Visa and got my HIB afterwards. I did not have my passport stamped for HIB (I did not exit out to have it stamped.) I have a flight out tomorrow noon. I will be using my advance parole but I am really afraid that I might not be admitted back.

What paperworks should I bring, or what should I expect port of departure and port of entry when I came back. Will they be asking anything from me? Do note that I don't have a valid I-94. If they asked me that, what should I present? REally would appreciate your assistance urgently on this matter.

Thank you
 
I don't understand why you say you don't have a valid I-94. Maybe the while I-94 card stapled in your passport is expired. However if you have a valid H1B approval notice, you will see the current I-94 in the lower portion of the approval notice. Note the I-94 number both on your white card and your approval notice will be the same. Technically, you can turn in the I-94 portion of your approval notice and your white I-94 card to the airlines at the time of exit. Do not detach the I-94 from your H1 approval notice and turn it in unless the airlines people specifically ask for it. Turn in only your white card. For your travel, carry with you (but not limited to) original and 3 to 4 copies of the following documents:
1. AP
2. 485 receipt notice
3. Proof of employment (Employment Verification Letter etc.)
4. Proof of eligibility to work (EAD, H1 etc.)
5. All previous receipt and approval notices if any

It is always good to have copies of documents as you won't know when it may become useful. Hope this helps.

sunamb
wac 02-069-XXXXX
 
As sunamb said carry all those documents. When you leave there is no problem. While coming back, they will check to see if you have stayed illegally in USA for any duration. You just need to make sure about that.
 
You will have an I-94 from your first visit and I-94 from the H1 approval. you have to surrender all I-94 cards before you leave. take copies of these before you surrender.

I assume you have valid status all these 3 yrs. In that case, you can re-enter with AP. If you didnt have valid status, you may need approved H1 to go for stamping at the local consulate (dont use AP in that case).

Hope all is well for you back home.

good luck...
 
I have a white I-94 issued during my last entry in 99 valid upto March 31st 2000. Then I've another H1B with a I-194 on the bottom portion of the H1b approval notice valid upto April 14th 2003. Should I tear that I94 also and return it along with the previous white one. Will there be any issues if I return the old one only. Please clarify. Were these returned I94s are sent back to INS and entered in our file for entry/exit tracking?

Thanks
 
Not to scare you but...

nhats,
If you didn't get I-94 card attached with your H1 approval notice then you may be in trouble. Talk to your immigration attorney before you leave US.

Normally if it is H1-H1 transfer or extension then one will get extended I-94 with H1 approval notice (I mean if some one was on same status before and now filing for extension or transfer). If it is B1-H1 then it is possible that INS might have approved your case but didn't extended your status (no I-94). In such case one has to go to Third country visa post (before current I-94 expires) get H1 visa stamp and come back to US (like Mexico or Canada etc.)

Hope and wish that things will go well for you.
PCee
 
perai123,
Yes, you should attach that new I-94 to your passport on top of old and expired I-94 and submit both to the official before flying out of US. If you are driving out to Canada or Mexico then it may be a bit different, talk to BCIS official before exiting...
-PCee
 
PCee

Thanks. I'll be travelling to India. After my last entry on my L1 visa in 1999, I worked on two other H1B visas. Do I need to return all those I94s or should I cut and attach only the latest H1B's I-94 that got expired on April 14th 2003?

In that case I'll be totally having 3 I94s on hand. The original one valid upto March 31st 2000, the next one from second H1B valid upto Mar 31st 2002 and the third one from the current company's H1B valid upto April 14th 2003. I never travelled after 1999 and did not get stamps in my passport for any of the next two H1B visas.

Regards
 
perai123,

Regarding I-94s:
1. make copies of all I-94s you have and keep them for your records.
2. Yes, submitt all I-94s while leaving US.

Your status:
If your current H1 expired on 04/14/2003, then did you file for H1 extension? If it is true then do not count on that H1 extension if you are planning to leave to India before it is approved! Make sure you have EAD to work once you come back and AP to travel.

If you leave the country while H1 extension is pending then I think it is treated as abandoning that H1extension filing...

If you have valid EAD/AP then you are just fine. Talk to you immigration attorney if you have any questions...

-PCee

PS: When you moved from L1-H1 most of the times INS approves the case without I-94, one has to leave the country and come back in to get on to H1 status! In your case since you have I-94s with all H1 approvals I think you are just fine (INS extended your status along with approving H1s). Actually I heard that some employers prefer (if there is an option) to file for L1 rather than H1 because employees cannot jump ships as they can in case of H1s!
 
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PCee

Thanks a lot for your reply. Yes, my current H1 got expired on April 14th 2003. But I am having a valid EAD upto 23rd Aug 2003 (Applied for EAD renewal also in Jan) and valid AP upto Jan 2004. Hope I can travel safely with these documents on hand. I'll cut and attach all I-94 that I have with me, when I leave US and use AP when I enter SFO.

Regards
 
Thank you and a couple of questions still...

Ok I saw in the approval notices of my HIB and B2 extension, I-94. Should I then all surrender them at the port of exit? Along with the white I-94? Frankly, I don't want to give them the original.

Regarding the Verification of Employment, would a recent paystub be sufficient? I could carry all my pay stubs and income tax returns if that will be enough.

Proof of eligibility to work. I got the approval of HIB, and currently re-applied for EAD. Lost my EAD (INS Mailing problem last year) I got the approval of both, unfortunately, I don't have not received my ID yet. Please advise. Would the HIB approval notice be sufficient to verify proof of eligibility to work.

According to my lawyer, all I have to carry is the Advance Parole, but from reading constantly this forum, I knew that experience counts. So, should I also give them a copy of my advance parole at the port of exit?

Thank you very much waiting for your reply soonl.
 
nhats,

You have to surrender all your I-94s while exiting US. If not, you may get into trouble while coming back to US. Make a copy of all your I-94s for your records. In future if there is any question you can use those copies.

You don't have to show AP any where while exiting US. You need it only while coming back to US. While coming back at the port of entry the BCIS official may ask you for the proof that you still have a job and working for the GC employer etc. at that point if you show him couple of recent most pay stubs you are fine.

The most important thing is, do you have a valid I-94 with you right now? I mean did you get I-94 along with your recent most H1 approval? If you do, you are fine.

Goodluck
PCee
 
I-94S

I got the following I-94s with me:

1) I-94 for B2 which expired on December 17, 200o.

2) I-94 for B2 extension from December 18, 2000 to June 17, 2001.

3) I-94 from my HIB (from December 29, 2000 to December 18, 2003)

----------

So I guess all of them are valid and will be surrendered at the airlines when they request it at the port of exit?

At the port of Entry: I will be carrying the following documents:

1) Original of my Advance Parole with 5 copies on hand just in case. Are they going to take the original? or should I just give them the photo-copy.

2) I don't have the original copy of my I-485 receipt notice, but I do have a photo-copy, as given to me by my lawyer.

3) Photo-copy of my EAD First application last year, and re-application last December. On the Re-application I got the original receipt notice.

4) I-i140 approval notices, just in case they asked it, I got a photo-copy only. :(

Pray for me please, and hopefully my dad will be well.
 
nhats,
Yes, you have all required I-94s. Just surrender them while exiting.

While coming back airlines official may ask you for visa for US at that point you need to show/give them copy of AP. You need to show original AP to BCIS official at PortOfEntry only. The BCIS official (@ immigration clearence) will give it back to you after stamping you passport/I-94. It's a good idea to carry copy of your I-485, I-140 approval copy. At POE you may be sent for secondary inspection (almost all that are coming in with AP will be sent for secondary inspection) do not worry about it. Show them only if any official asks specifically for any receipt/approval copy etc.

No one should ask you any thing about EADs/receipts etc.

I hope and wish that your father will get well soon. Goodluck
PCee
 
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and do't forget to carry all our extensions of H1 and B-2 for proof of your legal stay here. since u do't have stamped visa on your passport.
 
nhats,
Recently I re-entered the USA through San Francisco using my AP. As PCee said, they asked me to go for a secondary inspection. This is what they usually do for all re-entering using AP. The officer at the secondary inspection counter took my passport, new I-94 (filled up in the flight) and my AP only (he asked no other documents). He asked who my petitioner is and whether I live in the same address as mentioned in my AP. He then went inside with these documents. Came back after five minutes stamping entry for one year on both my AP and the new I-94. As PCee mentioned, show the documents only if they ask specifically.
Also, good to keep copies of your documents. While coming back form India, at Singapore airport, Cathay Pacific lady at the counter did not know anything about AP. She asked if she could keep my AP for about an hour or so, so that she could show it to her supervisor. I never wanted to do that. Luckily I had copies which I gave her. She promptly returned them along with a bunch of "sorry"s though.

Hope your father gets well soon.

sunamb

wac 02-069-XXXXX
 
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