Advance parole vs H1 - question

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max_floyd

Registered Users (C)
Guys,

I have my I-140 approved and I-485 pending for over 180 days. The service center is VSC. I have the first EAD and AP valid until August.

I went to India last year on my first advance parole. It expires this August. I have filed for the second AP and EAD couple of weeks ago. But I need to travel to India the first week of September. Given the way VSC is processing AP, I am not sure if I will get the AP approval before I leave.
Is there an alternate solution?
I complete 6th year on H1 this June. Can I file for 7th year H1 extension? I just need to travel abroad and looking for suggestions.

Thanks and Regards,
Max
 
Go for 7th year extension

If you havenot used your EAD you can go for 7th year extension on your H1. I guess thats the most secure way and it will take you out of the problem of AP approval too.If you get it done by primium processing you will have valid visa to come back. But you need to get ur visa stamped
 
Originally posted by max_floyd
Guys,

I have my I-140 approved and I-485 pending for over 180 days. The service center is VSC. I have the first EAD and AP valid until August.

I went to India last year on my first advance parole. It expires this August. I have filed for the second AP and EAD couple of weeks ago. But I need to travel to India the first week of September.
------ you need new AP in hand before you go out of US read:

http://uscis.gov/graphics/publicaffairs/newsrels/TravAdvisory3_24_04.pdf
Given the way VSC is processing AP, I am not sure if I will get the AP approval before I leave.
Is there an alternate solution?
-----NO, if you have not used EAD you may get H1 visa stamp from consulate if you have H1 approval remember Bombay and Chennai are creating problems for H1, H4 Visa stamps
I complete 6th year on H1 this June. Can I file for 7th year H1 extension?
---- you can file 7th year H1extension if LC filed 365 days back OR I-140 pending or I-485 filied and pending
I just need to travel abroad and looking for suggestions.
------depart only after you get approved AP in your hands
Thanks and Regards,
Max
Click to expand...
 
AP Processing at VSC is picking up

It takes about 3 1/2 months to get an AP from VSC. However, since this is a second AP, i am guessing you can ask for a interim AP from your local USCIS office, if the processing slows down for some reason.
You can hear differently from different people on the whole 485/H1 thing using AP or EAD.
I have heard that using your EAD alone does not change your status and that you have to use AP to physically enter the country on a different status(Atty Greg Siskind).
Some say the moment you use your EAD your H1 is no longer valid.
If you can believe the line of thought that says if you have not used your EAD, although you have used AP, your H1 is still valid then you can go ahead with your 7th year H1. That might indeed be true. Personally i feel that when you use AP, they treat you as an immigrant and process your entry differently, with biometrics etc. So, to come back on H1 would mean you are entering differently.
I am pretty sure i confused you more than answering your question, i hope you get your AP soon and would not have to worry about all this..:)
 
Thank you guys for the reply.

Sathish, there is nothing called as Interim- AP, at least I am not aware of such thing. What I heard was there is emergency AP which can be used only in case of emergencies. I am going to India for my sister's wedding and it's not considered as an emergency.

Regards,
Mahesh
 
you might be right

You are probably right. But in case their processing slows down significantly that you do not get an AP by then, you can tell them that you have a very good reason you need to be in India and you did apply in time but USCIS just did not process it in a timely manner. Ofcourse, they still can be ruthless enough to reject your request.
 
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