Advance Parole question...

L

LaborPains

Registered Users (C)
Hello,

My priority date is now current and my attorney will be filing 485/EAD/Advance Parole in early June.

My wife will be travelling to India in June - after our applications are filed. She plans to get H1b stamping while in India ( her priory status was H4).
In case here H1b is rejected by the US consulate, can she use the Advance Parole to enter the US ?
Ie can she use the AP which will be approved when she is out of the country ?

I'd greatly appreciate any infomation in the regard.
Many Thanks!
 
I would suggest that you to talk to your lawyer about the travel to India right after 485 filing.

LaborPains said:
Hello,

My priority date is now current and my attorney will be filing 485/EAD/Advance Parole in early June.

My wife will be travelling to India in June - after our applications are filed. She plans to get H1b stamping while in India ( her priory status was H4).
In case here H1b is rejected by the US consulate, can she use the Advance Parole to enter the US ?
Ie can she use the AP which will be approved when she is out of the country ?

I'd greatly appreciate any infomation in the regard.
Many Thanks!
Click to expand...
 
AP should be approved before leaving....

If you want to use your AP on entering US, Your AP should be approved before you leave US.
This is the info i got from USCIS officer (thru InfoPass) when i went on vacation.

Again check with your attorney or USCIS.

Thx!
bd
 
After applying the AP for my wife, she went to India before approval. The AP was approved after she left US. I sent by mail and she returned back to US with out any problem. This happened recently...Eventhough the notice said that you should not travel before the approval, she did not face any problem while she was returned.

Sree

LaborPains said:
Hello,

My priority date is now current and my attorney will be filing 485/EAD/Advance Parole in early June.

My wife will be travelling to India in June - after our applications are filed. She plans to get H1b stamping while in India ( her priory status was H4).
In case here H1b is rejected by the US consulate, can she use the Advance Parole to enter the US ?
Ie can she use the AP which will be approved when she is out of the country ?

I'd greatly appreciate any infomation in the regard.
Many Thanks!
Click to expand...
 
My wife is currently in India and I am waiting for her AP. Last friday I received an email that the document has been mailed. I am expecting it any time. I would be mailing her the document so she could travel back to US during the first week of June. This was her 3rd AP renewal. She had a valid AP when she left the country. We filed the AP renewal application before she left as her AP was expiring before her return journey.

Note: I am currently on EAD with an expired H1-B.

Hope that helps.





LaborPains said:
Hello,

My priority date is now current and my attorney will be filing 485/EAD/Advance Parole in early June.

My wife will be travelling to India in June - after our applications are filed. She plans to get H1b stamping while in India ( her priory status was H4).
In case here H1b is rejected by the US consulate, can she use the Advance Parole to enter the US ?
Ie can she use the AP which will be approved when she is out of the country ?

I'd greatly appreciate any infomation in the regard.
Many Thanks!
Click to expand...
 
Question for Sree1965

Sree,

I have couple of questions for you.

1) Could you tell me what is your wife's port of entry and when did she enter the country? I am little concerend about questions that might be asked at the port of entry.
Particularly, why did you travel out of the country without your AP being approved?
2) Was this your wife's first AP or a renewal AP?

Thanks in advance.

sree1965 said:
After applying the AP for my wife, she went to India before approval. The AP was approved after she left US. I sent by mail and she returned back to US with out any problem. This happened recently...Eventhough the notice said that you should not travel before the approval, she did not face any problem while she was returned.

Sree
Click to expand...
 
I have a smilar problem and i did some research and found these:
You or your wife cannot leave the country until you get the receipt for 485 filing. It takes about a week or 2 for them to get the receipt to your lawyer. this is very important. take this with you when you travel.
Secondly you cannot leave on H4 and come back on AP without having the AP in hand before leaving the country. But the good thing for you is, H1b visa is a dual intent visa and the chances of them rejecting your H1B is very minimal. It cannot be rejected on potential immigrant basis because of your 485 application. They can only reject the visa because of fraud or insufficient salary for the job and etc...so, if your wifes job is a professional job with a decent salary, they will not reject it. hope this helps.
 
sree1965 said:
After applying the AP for my wife, she went to India before approval. The AP was approved after she left US. I sent by mail and she returned back to US with out any problem. This happened recently...Eventhough the notice said that you should not travel before the approval, she did not face any problem while she was returned.

Sree
Click to expand...
This does not guarantee it is OK to travel before AP approval. My bet is CIS did not notice the travel.
THe logic is that you travel w/o AP, AOS is considered abandoned, then AP should be invalid w/o AOS.
 
H4 Vs I-485

hi folks;

I have another similar problem. My wife gone home to get h4 stamped. My pd is current since May 1st. Is it advisable to file i485 both of us while she is out of country. Please someone can advise me.
Thanks
 
zeifa said:
hi folks;

I have another similar problem. My wife gone home to get h4 stamped. My pd is current since May 1st. Is it advisable to file i485 both of us while she is out of country. Please someone can advise me.
Thanks
Click to expand...

She definitely has to be in the US for her 485 to be filed.
 
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