Advance parole usage

[milindck]

Advance parole and vacation while pending 485

What happens if I go on 30 day Vaction Outside US (India) while I-845 is pending but
1) I have EAD,
2) I get Advance Parole,
3) my H1B visa expires before returning
4) I receive I-485 Approval/RFE on the very next day I leave for vacation.

Will I be able to re-enter US using Advance Parole?

My attorney tells me that I should not be outside US when I receive Approval/RFE notice. Is it true?

Whithin how many days/weeks I must go to INS after receiving the Approval/RFE for necessary paperwork to be completed.

My sisters marriage has been planned and I would like to go on a 30 day vacation while my GC is in final state and there is a possibility that I may receive some communication during the same.

I cannot have my sisters marriage postponed.

Can someone advise me.

Thanks in advance.

 

[NSC_485_OCT2301]

AP

Here is my conversation with my immigration attorney regarding this issue. Please post your comments:

My wife and me, both have our Advance Parole valid until the end of December. We are planning to visit Pakistan from October xx, 2003 to November xx, 2003 (seven weeks) to attend my brother's wedding. (Dates are not final but we are looking in that time frame).

Questions:

1. Is it safe to travel on Advance Parole when I-485 is pending? Just for your information, our H visa's have expired on xx/xx/2001 and I am working on EAD. My wife has EAD valid untill November some time but she does not work.

2. If they approve our I-485 when we will be out the country, can we come back on Advance Parole? (I have heard that approval of I-485 invalidates the advance parole).

3. If they deny (I hope not) our I-485 when we will be out the country, can we come back on Advance Parole to file appeal or some thing like that?

Answer from my immigration attorney:

Should not be a problem. I do not expect any problem with the case, but you need to be aware that persons in parole status are considered to be "arriving aliens" which means you have fewer rights than if you were admitted as H-1/H-4. Since your company is not willing to file a new H-1B for you, you really have no choice if you are set to travel. If you really want to play it safe, DON'T TRAVEl until the I-485s are approved.

Should not be a problem if case is approved while you are away.

Very unlikely case would be denied while you are away, as file would be transferred to local INS office for interview/review in most cases if there is a serious problem.


Side note: We have decided to travel in October…

RD: 10/13/01
ND: 11/19/01
FP: 4/3/02
RFE: 1/17/03
RFE Reply: 1/28/03


Disclaimer: I am not an attorney. Information provided might not be suitable for you, please use on your own risk.