Advance Parole Question

E

Ellada Hadjisav

Registered Users (C)
My H1b visa has been renewed for another 3 years. I will not be going to my country this summer to get my passport stamped with a new H. My I-485 RD is 01/19/05. So, I have plenty of time to wait. My husband (H4) and I might be traveling out of USA by the end of they year. How long does AP take to be issued? Will AP interfere with my H1b status? Should I apply for AP? Any advice will be greatly appreciated!
 
1. The AP takes from few days to several months ...
The average processing time varies over the time.
Usually, you may consider that most of the APs are approved within 2-3 months. However, if you want to be completely safe, you may apply now, as the AP is valid for 1 year since the issue date.

2. The issue of an AP will not intefere the H1B status.
However, once you use the AP , your H1b status will be lost(*) and you will have to get an EAD. (The theory behind that is: when you enter to the US using the AP , your status will be "Paroled ..." , not the H1b )

3. If you want to travel and you don't want to extend your visa, you have the get an AP _AND_ the EAD . Your husband needs the AP only (unless he will work) .
The only thing you may loose is the EAD and AP application fee if you will cancel the travel.


(*) There were some discussions that brought an interpretations of current laws that in fact , the EAD is not mandatory even after you use the AP, as long as your H1b status is ok. However, as far as I know , nobody wanted to be a guiena pig and be the first in trying it.
 
Thank you

Thank you for replying to my concerns. So, if I understand it correctly, I have to apply for AP and EAD simuntaneously. My H1b is for another 3 years. Once the AP is expired, I can have my passport stamped when I go to my home country? Or I will have to renew the AP/EAD if I-485 is not approved yet?
 
Hm ... good question ...
Not sure if you still can use your H1b status after using the AP.
(On other hand , why not ? if you stamp the visa, you enter to the US using the H1b visa, you'll have the H1b status ... The problem is only if you enter as "paroled" )



When you go to your country to stamp the visa , it's good to have an AP "just in case something goes wrong with the visa" ...


Unfortunately, using the AP is not the best thing in the life - they usually send you the secondary inspection.

Resuming - if you don't have money problem , it's good to have an AP, however, if avoid using it , if you can.
;)
 
This may not be directly related to your discussion, but why don't you have your passport stamped (for h1b) during the trip? I don't think you would have to be in your home country to have your passport stamped. You just have to be outside the US..
 
AP will not interfere with your H1-B

Ellada Hadjisav said:
My H1b visa has been renewed for another 3 years. I will not be going to my country this summer to get my passport stamped with a new H. My I-485 RD is 01/19/05. So, I have plenty of time to wait. My husband (H4) and I might be traveling out of USA by the end of they year. How long does AP take to be issued? Will AP interfere with my H1b status? Should I apply for AP? Any advice will be greatly appreciated!
Click to expand...

Please do verify my opinions against that of a competent legal attorney.

  1. You have to apply for Advance Parole, if you don't want to get the H1-B renewal stamped to your passport. In that case, your new Advance Parole becomes the travel document.
  2. I don't think (please verify this with your immigration attorney and I think I may well be right) that you need to apply for EAD, if you use AP. It is one of those taboos. Usually folks apply for AP, since they will not have a visa like H1-b renewed. In that case, they have the work-permit (EAD) that allows them to work. As they will now have EAD to work, but no visa to travel, they apply for AP. In your case, you have a H1-B, which allows you to work. But since it is no more a travel document, because you don't carry the stamping on your passport, your AP will become the travel document whereas your H1-B will still be in effect for you to legally work in the United States.
 
Trip

hanging in here said:
This may not be directly related to your discussion, but why don't you have your passport stamped (for h1b) during the trip? I don't think you would have to be in your home country to have your passport stamped. You just have to be outside the US..
Click to expand...

Hanging in here,
We will possibly take a cruise to the Carribean Sea. I don't know if that would be feasible to visit the embassy to get our passports stamped.What do you think?
 
Hi,

My company attorney told me once, that is either I-485/AP/EAD or H-1B. When it was time to renew my H-1B, She asked me If I had ever used my AP when comming in. If I did, she wouln't be able to apply for the H-1B extension.

Attorneys have some times contradictory opinions which I think comes from the fact that the USCIS regulations are not clear and want to play safe (or some less safe if you need to). The USCIS officers can give different interpretations to their regulations if you fall in a gray area.

My personal opinion as an ENGINEER is that you should use the H-1B for as long as you can. If you I-485 gets denied for some reason, you still have the H-1B to keep going. Also in the mean time, keep your AP/EAD up to date, applying in advance. You might need it to get another job if you get laid off and the employer does not want to sponsor the H-1B.

I don't think you are going to have time during your cruise to go to the embassy. They take more than a day some times to give you the stamp. (1 week in my country).

At last, call the USCIS number they might just be able to answer that question.
 
Ap

Longuito,
My current H1B status is for 3 years. It is the last time I will be able to be on H since I had it for 4 years previously. I think I will try to call USCIS and try to get an answer from them. I want to be certain of what to do not jeopardizing my current status. What number do you recommend? The 800-number that's on the I-767?
 
I called the number on the website. "National Customer Service Center:" phone number like 1 year ago. I don't now if it is the same number it is there now. Probably it still is.

You will not jepardize the green card if you keep your H-1B and AP/EAD at the same time. But i don't know what happens if you try to use your H-1B once you have used the AP once.
 
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