Advance Parole ??

S

snalion

Registered Users (C)
I have applied for my AP in Sept '04 and came to know from the Detroit office that they send it to NBC. I'm not sure when I'm going to get the AP, however I am travelling to India during the first week of December. Now I am on a H1 status which is in renewal process and have not received that either, and I do not have a stamp on my passport also. Now my question is, if I were to travel, to India, and my AP comes while I am in India, and if someone were to send me my AP, can I use that at the port of entry while coming back to US? Any suggestions or comments would be helpful.
Thank you!
 
Hi,
You can always go to the local office and apply for emergency AP. You may have to pay the fees again (depends upon the officers mood) but you will have peace of mind.

However if you are still using H1 visa, then why do you need AP ???
 
Thank you for your reply. The reason I applied for AP is that I do not have my H1 renewal in my hand, and due to the backlog, wont know if I would even get it before I leave. Also to come back I would need stamping, which if I dont receive the H1 renewal, then I'm stuck. Regarding Emergency AP, do we get to state how long the duration would be or we're stuck on what the officer gives us? Any clues?
Thanks again
 
snalion,
provide a little more details.
a) Have you applied for 485 (which category)
b) have you applied EAD ??
 
Its more clear now..

You can go to the local office for Emergency AP. You can state in the application how long you need for. I have seen people getting it for 4-6 months and sometimes the standard 1 yr...
 
Along that line if someone can answer my question then I will appreciate it.
My husband is on H1 B, which expires on November, 2005. I am in Citizenship process and we are going to file I-485 for my husband. We are also going to apply for AP and EAD even if he is on H1-B because his passport is not stamped and we are planning to go to India while his I-485 is in process as he don't want to appear at Consulate in India for stamping because its risky. You never know when they reject you for no reason.
Now my question is if I don't get AP for him in 2 months and if I want to get emergancy AP, is there any possibility that they reject it because my husband already have valid H1?
Will that affect process of my I-485?
Thanks
 
applying for Emergency AP has no affect on H1 or 485 process.

And you can claim that he plans to use EAD, so needs AP...
 
On that note, I'm a little confused.
I DO NOT have a H1 stamp on my passport. If i travel to India on AP and try to come back using AP, am I considered illegal or out of status since I will have no visa, and thus unable to come back into the US?
 
You should not face any issue POE while entering with AP. Carry your I-485 receipt along with AP.

snalion said:
On that note, I'm a little confused.
I DO NOT have a H1 stamp on my passport. If i travel to India on AP and try to come back using AP, am I considered illegal or out of status since I will have no visa, and thus unable to come back into the US?
Click to expand...
 
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