Advance Parole - New form

[nch]

I am applying for my second AP. The instructions along with new form I-131 mention (page 1) that one need not apply for AP if he/she has valid H-1/H-4 Visa and has AOS pending. Does this mean that USCIS may refuse to issue Advance Parole document to the applicant who have valid H status and 485 pending?

Thanks

485 ND 09/10/2002
FP 11/10/2003
2ND EAD 12/01/2003
H1B status valid till 06/30/2005 but visa expired > 1year

 

[ginnu]

Does this mean that USCIS may refuse to issue Advance Parole document to the applicant who have valid H status and 485 pending?

---- NO, they will approve AP