Advance Parole issue

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ConstWorry

Registered Users (C)
I filed my AOS appln last November and I am still working on H1B. My H1b stamping expired last May though my H1 is valid till May 2003 and I did not apply for AP when I filed my I-485 because my lawyer said I do not require it then and it would cost me more. Now I need to travel to India for an important occassion. I just applied for AP and I do not know when that will be approved. I need to be in India before Nov 3rd.
My question is can I travel to India and get H1B revalidated in India? What is the risk involved?
Does anyone know what is the approx timeframe for AP to be approved at VSC?
 
If you have a valid H1 (not just the PP stamp) and you have never used your EAD then you can get a VISA stamped from any US consulate and use that to re-enter.

If you have used your EAD - you have no choice but to wait for AP approval.

Check with your immigration attorney. I am not one.
 
Hi,

I have exactly the same problem, now I don't have time to apply for EAD, anyhow I applied for AP couple of days back. I don't know what to do :confused: .

Would you mind posting if you get any clarification.
 
For you ALL

You have lot of choices

1) You can go back home and apply for H1 VISA at the back home US consulate. Most likely H1 visa does not get denied if you have all the papers and you never been out of status. However, if you are the nationals of certain countries especially any muslim country (not only those 26 countries), you wil have to have Security background checking before they issue your visa. It is taking more than 2 months now a days. I know people in my country (Bangladesh) waiting for more than 70 days for VISA. They are approved, yet they are waiting for the stamp. This is frustrating as they no H1B worker has that much vacation. It may drives those people loose the job. However, if you are from INDIA you should not be worried, your visa stamp will be given on the same day. You can also take the visa from Canada or Mexico. Indian nationals are still taking VISA from third countries. If you are national of any Muslim country, please think twice and plan to wait for a long to get VISA from back home. You can also revalidate your visa from US, but it takes lot of times what you gusy dont have.

Please keep in mind, even though you already used EAD or AP, you can again apply for H1B visa at consulate if you are still working for H1B provider company. This is little foggy area. So make sure with your lawer.


2) You can travel on AP. Assuming you have applied for AP, but you are not sure when it will come. Take the I-485 and AP receipt notice and walk in local INS, explain your situation, you will be given AP within a week or so for sure. If you have not applied for AP, but applied for I-485, and does not have visa stamp, take the I-485 receipt notice and fill up the form of AP, and walk in local INS. Explain your situation, you will be given AP within a week. If you take AP, please take EAD just to be on the safe side. You might need that after you use AP.

If you stay in the same company, you do not need EAD aftre using AP. Yet, this is foggy area too. So take EAD when you take AP.


Let us know, should you guys have any more questions.


I am not a lawer.
 
I checked with my immigration attorney and she is a bit doubtful because once the client is outside United State there is very less she can do and moreover the US Consulate comes under State dept and not INS. I have not used my EAD yet and I have not faced any problem while applying for a VISA in India. However this time there is extra scrutiny and the form (Ds156) specifically asks whether I have applied for immigration. This might raise a flag.
I delayed getting my AP because my attorney and the INS website indicate that getting an AP is through the local INS office and should take only a week. But that has changed now. For employment based application the AP is issued from the service center (according to the INS Info officer at Philly Dist office) and they don't know how long it takes at VSC to approve.
I will update when I have some more information.
Meanwhile if you anyone has been sucessful in getting H1b revalidated in India while their AOS is pending please let me know.
 
I doubt

I do not know when Getting AP from loca INS rule has been changed, but I know one guy got his Employement based AP just yesterday from Minnesota Local Office. Therefore I think this is not any hard and fast rule, this might be the practice of diffrent local INS. Also, mentioning that you have applied for immigration in form DS 156 does not harm your H1B visa. People think this way, but it does not harm at all. I know lot of people got visa while they mentioned this in DS 156.

Regarding AUMATIC REVALIDATION, That is the rule what I mentioned. You may and your lawer might be confused about that as the way time is not good. We are all scared, but this is the rules. Sometimes, we are scare even though we follow rule because Officer might not follow the rule.




Good Luck. I would take the AP, and also apply for H1B at INDIA or Canada.
 
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