Advance Parole...

G

Greencard001

Registered Users (C)
Guys,

I have petitioned to renew my EAD as it expires this Januray 29th. My H1 got expired in June 02. My status in US is currently AOS(adjustment of status) applicant. I have few quick questions:

1. Are there any risks if I travel to India and use Advance Parole to get back.
2. Above question is based on the fact that I do not hold any active visa any more and what if problems are detected with advance parole later. Are there items that I need to be cautious about before I leave.

Thanks
 
Answer

Hi

Your AP needs to get approved before you leave the US. Otherwise there is a risk that you may not be able to re-enter. Since you don't have a valid H1 to fall back on, just make sure that the renewal AP is approved before you leave the US. Having a valid H1 is not necessary if you have a valid AP.
 
AP question

The above answer assumes that you will be re-entering the US after January 29th. If you are re-entering before that, you have nothing to worry about. EAD has nothing to do with re-entering except that you need to have a valid EAD to work in the US if you use the AP to re-enter. Just my opinion.
 
I-131

Hi

Is I-131 is the form required for Advance Parole? Can someone confirm me this info.

If you have info about list of documents to be submitted alond with this form, please give me. I am planning to go to nearest INS so i can get AP quickly.

Thanks
 
rsjoly: Yes, I-131 is the INS application form for AP. Visit the INS web site for instructions or search this site for list of documents.

Greencard001: In my opinion, using your AP shouldn't be a problem, however, make sure that you weren't out of status at any time while in the US. I think while entering using AP, they will check for any out-of-status period. There's a warning on the INS site that AOS applicants using AP should be wary of that requirement. While using AP also carry copy of your 485 receipt notice and EAD, just to be on the safe side.
 
Mavishka

Thanks for the info. Did you ever filled this form to get AP.

Is there any problem if you check it for "MORE THAN 1 trip".

Do we have to give correct dates of departure? - We do no know the correct date yet.
 
rsjoly:

Yes, I did file for the AP initially along with my 485 app. I recently sent out a renewal app for EAD and AP. There's no problem in requesting for multiple entries. You can provide approximate dates and write something like 'March 2003 (tentative)' in your app.
 
GreenCard001,

I assume your advance parole expires on Jan'29. If so pls make sure your AP renewal gets approved before you leave so as to be safe like VenkateshAiyar mentioned.



Good Luck
 
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