Advanced Parole into USA on EAD

[f1vlad]

Hi,

I have a quick question about Travel Document/Parole of Alien into USA.

Here is my profile in brief:

1. (July filler) 485 pending, fingerprint done.
2. H1B extended with Employer A.
3. Left Employer A for Employer B using EAD.

What are my risks when I go to Canada and reenter to USA on advance parole. I mean I know it's straight forward they approved and sent travel document to me. But at the same time it says on that document that it's not a guarantee of entry to USA.

What should I be worried about? What's the worst case scenario?
thanks,
Vlad

 

[nj_skm]

It's almost nil.
I haven't seen any case where they denied entry based on AP "not guaranteeing entry".

 

[mmed]

Hi,

I have a quick question about Travel Document/Parole of Alien into USA.

Here is my profile in brief:

1. (July filler) 485 pending, fingerprint done.
2. H1B extended with Employer A.
3. Left Employer A for Employer B using EAD.

What are my risks when I go to Canada and reenter to USA on advance parole. I mean I know it's straight forward they approved and sent travel document to me. But at the same time it says on that document that it's not a guarantee of entry to USA.

What should I be worried about? What's the worst case scenario?
thanks,
Vlad

With AP, Visa, GC .....etc.there is no guarantee to enter the US. You did your part and had valid AP and just use it to reenter.
The worst case scenario is your pending I-485 get denied for any reason (like anyone with pending I-485), bythen your AP will be useless and will not let you in.

 

[nervewreck]

You should be all set to go and come back in, as long as everything has been maintained clean on your case (which appears to be true).

 

[f1vlad]

Hi guys so I did some research of my immigration history and here's quick snapshot:



07/27/2001 -- Entered USA -- Status F1 -- did not attend college. Was not doing anything for more than 180 days (8 months)

03/28/2002 -- Status changed to H1B, Company A (valid untill 12/31/2004)

07/27/2004 -- Official termination day with Company A (have official letter from CEO). After termination and new job and H1B approval almost 180 days!

01/03/2005 -- Extension of stay (H1B) was approved for Company B, valid until 01/02/2008
---
Looking at between bullet (3) and (4) it appears I was out of status for almost 180 days. From July when I was laid off until January when I got approved for Company B. That sounds a bit risky doesn't it?

Additionally, look how I entered USA. I entered USA on F1 visa, look between bullet (1) and (2), but I did not attend university and for more than 180 days (8 month) I did not do anything. Failing to register to University I think could have been considered out of status?

Thanks again for your advises.
Best,
Vlad

 

[mmed]

Hi guys so I did some research of my immigration history and here's quick snapshot:



07/27/2001 -- Entered USA -- Status F1 -- did not attend college. Was not doing anything for more than 180 days (8 months)

03/28/2002 -- Status changed to H1B, Company A (valid untill 12/31/2004)

07/27/2004 -- Official termination day with Company A (have official letter from CEO). After termination and new job and H1B approval almost 180 days!

01/03/2005 -- Extension of stay (H1B) was approved for Company B, valid until 01/02/2008
---
Looking at between bullet (3) and (4) it appears I was out of status for almost 180 days. From July when I was laid off until January when I got approved for Company B. That sounds a bit risky doesn't it?

Additionally, look how I entered USA. I entered USA on F1 visa, look between bullet (1) and (2), but I did not attend university and for more than 180 days (8 month) I did not do anything. Failing to register to University I think could have been considered out of status?

Thanks again for your advises.
Best,
Vlad

So, It is better not to travel till you get your GC. It is stated frankly in the I-131 instruction that if you were out of status and subject to the bar role even with valid AP, you sould not travel.

 

[f1vlad]

So, It is better not to travel till you get your GC. It is stated frankly in the I-131 instruction that if you were out of status and subject to the bar role even with valid AP, you sould not travel.

Yeah, my attorney and I came to the same conclusion too, I'd rather not go to such risk.