Advance parole???

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nbKulkarni

Registered Users (C)
Should one apply for advance parole even if one\'s H1/H4 is valid for nearly 1 & 1/2 yr? as in our case our H1 is valid till 11/15/02. we are now filing for our I485 as our P.D. got current this month.What are the pros & cons reg. filing foradvance parole??? Any info. reg. this issue would be highly appreciated. Thanx in advance.
 
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I am also filing my I-485 this week and have the same question. Appreciate an advice.

Thanks.
 
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This has been my experience and should not be construed as legal advice.
If your H1/H4 is valid, use it for travelling in and out the country, much easier than Advance Parole.
With an Advance Parole, most Port of Entry require you to go through secondary procedures, which can add about 30 mins. additional at immigration services. If you are a frequent travel this can be frustrating. I travelled on Advance Parole 36 times and I can vouch for that.
With H1/H4 this is not required.

But remember: to get an Advance Parole, you need an EAD. Once you get an EAD and Advance Parole, your H1/H4 status is changed, and you cannot be deported due to this change of status (obviously commit a felony and off you go:-). Both the EAD and Advance Parole are issued for 1 year periods, and depending on where you are located can take different time periods for issue.

At the Boston INS, I got mine issued at a walk-in, both the times (I held that status for 19 months), and it was issued within 15 mins. (with general 45 min. wait for number to be called).

All the best in making your decision..... check with your lawyer on legal advice..... or even call the INS National Information number for further information
 
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>>. Once you get an EAD and Advance Parole, your H1/H4 status is changed.

I thought getting EAD with AP doesnt put H1 out of status,
but actually using EAD instead of H1 for a job will.
Anyone please comment
 
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yea... as long as you have multiple H1 entry no need of AP.
Actually INS can reject your AP if you have your valid H1.
(Minnesota does that)
May be you could apply for AP sometime next yr
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Updated 06/15/01: Advance Parole Practice Change in Minnesota District for H-1B/H-4 Pending EB-485

At today\'s meeting, the INS District Office in Minnesota announced that they will not issue Advance Parole to EB-485 filers in H-visa status at the District Office. Minnesota has been one of a few districts that entertained AP application for EB-485 filers. Under the new practice, unless people show that they are no long in H-visa status, they will insist that people travel on H-visa status.
However, the notion of when the H-visa people violates their nonimmigrant status is disputed by some legal professionals and people are cautioned not to rely on the District interpretation on this issue. This reporter rather recommend that people still apply for Advance Parole through the NSC just for safeside. Relating this issue, people may want to read the INS Memorandum of May 16, 2000 by Michael D. Cronin, Acting Associate Commissioner, Office Program,which is posted on our H-1B site.
 
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Thanx for your reply. But I have an other question reg. the same issue ie., Advance parole got to hear from a couple of friends that if one gets AP & intends to travel the GC process will be put on hold is that so, (ie., travelling on AP would hinder/slow the progress of GC processing??? so, any comments on this question??
Secondly, if one travels on H1 would that have any impact on GC processing meanwhile?

Thanx
 
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