Advance Parole gurus please help me!

J

jjd

Registered Users (C)
Hey, anybody with Advance Parole experience please help me. I submitted my I-485 in April 2001 and got my EAD in May. Now I am planning to travel to my home country for an emergency in Mid-June for a couple of weeks. I heard there are two ways to get my re-entry visa to US. One is still to use my H-1B (either thru 3rd country or home country), and another is Advance Parole. Any experienced guru please help me on following questions:

1. I heard if you use Advance Parole, you will lose your H-1B visa automatically when you re-enter US. As a result, you need to use EAD. My question is if you can confirm this. If yes, do I need to notify my present employer?

2. I also heard if I use Advance Parole for two weeks, it will delay my GC processing for two weeks. Can you confirm this please?

3. When I go to local INS office to submit I-131 and apply for Advance Parole, according to INS instructions, they need \'proof of emergency\'. How tough is this one? Does INS take a liberal or critical approach on the \'proof\'? Can I just explain the \'proof\' to them verbally?

4. In general, is it easy or tough to obtain Advance Parole? Any impact on my GC processing?

5. Do I also miss anything else important?

Your help is highly appreciated! I love this web site!

JJJ
 
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1. use of AP should not make you lose your H-1.

2. use of AP should not delay your GC.

3 & 4. it depends on how tough the officer wants to be on that day. proof is a soft thing. prepare whatever you can and hope for the best.

you sound very nervous and i can understand. relax and go for it.
 
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JJD,
I cannot answer all your questions. I can answer Questions 3 and 4.

It is very easy to get Advance Parole. All you need as a proof of emergency is a letter that says that you need to travel out of USA for business or personal reasons. I applied for I485 in May 199 and have rencewed my AP 2 times. It is a piece of cake.

As for loosing your H1-B status, I suggest you check with a lawyer.

Hope this helps.
 
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If you have a valid H1B with multiple entry you dont need
to use AP. Moreover using AP doesnot screw up your H1B status or
viceversa...
 
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thank you guys so much! Mobility should be piece of cake indeed. But we, GC-waiters, sometimes are really very nervous (or cautious) on this. Hope this will be over soon.

thanks again,
JJD
 
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also, if you don\'t have a H-1 visa with reentry permit, you can apply for one in US consulate in Canada and Mexico. Indian citizens are normally given multiple entries.
 
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using AP will change your status from H1B to AOS.Hence you should have EAD to work after u use AOS
 Ron of imminfo.com had written an article on that. I\'m not sure whether there was any memo recently published from INS.
let me try to find what ron wrote. sorry i only have hard copy of it. I took a print out of it and sent it to my lawyer and confirmed it. This happened 2 yrs back. Not sure if INS came up saying its ok to use AP and continue on H1-B. let me know if u want a fax copy of it.

good luck
venky111@yahoo.com
 
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thank you, Venky111! I will send an email to you for my fax number.

Another question, if I go to INS local office to apply for AP, can I get the AP the same day? Or I need to wait for a while(like two weeks). Please advise.

thanks!
JJD
 
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if you go to the local INS office for AP and if all goes OK you\'ll get it the same day.

If you have a valid H1 you don\'t have to get AP (as long as you are still working for the same employer ONLY).

Using AP wouldn\'t screw up H1B or chances to get GC or anything!!

Good Luck
 
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thank you, Venky111! I will send an email to you for my fax number.

Another question, if I go to INS local office to apply for AP, can I get the AP the same day? Or I need to wait for a while(like two weeks). Please advise.

thanks!
JJD
 
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