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AOS Advance Parole: To file or not to file.

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dematra

Registered Users (C)
I guess the DV 2009 AOS people are getting ready to file their I-485s. A question arises about filing the I-131 (Application for Travel Document). My reason for asking is that the instructions provided by USCIS make it seem like Advance Parole is for emergency situations only.

Is Advance Parole such a big deal? Is it advisable to get AP?
 
dematra said:
I guess the DV 2009 AOS people are getting ready to file their I-485s. A question arises about filing the I-131 (Application for Travel Document). My reason for asking is that the instructions provided by USCIS make it seem like Advance Parole is for emergency situations only.

Is Advance Parole such a big deal? Is it advisable to get AP?
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just apply for it as its free with I-485. I just wrote that i was going to visit family that i haven't seen in a while and that was it. They hardly deny application for advance parole.
 
Johnkent said:
just apply for it as its free with I-485. I just wrote that i was going to visit family that i haven't seen in a while and that was it. They hardly deny application for advance parole.
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Hmmmmmmm......sounds alright. Thanks Mr. Johnkent! :)
 
Does applying for advance parole or Employment authorization delay the process ? In other words, would an application with I-485, AP and EA take longer than an application with just the I-485 ?
Just wondering, my guess is that it could take a bit longer, but not much. Any thoughts ?
 
I will also be appyling for my advanced parole stating that I wish to visit elderly family members. I plan to leave December 11th though. Any thoughts on my chances of getting the documents in time??
 
Ausmatt7 said:
I will also be appyling for my advanced parole stating that I wish to visit elderly family members. I plan to leave December 11th though. Any thoughts on my chances of getting the documents in time??
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I don't know when u are going to file but yes, u can get EAD and Advance parole in 2 months. And besides, USCIS doesn't have as much backlog as they did 6 months ago.
 
matutelandia said:
Does applying for advance parole or Employment authorization delay the process ? In other words, would an application with I-485, AP and EA take longer than an application with just the I-485 ?
Just wondering, my guess is that it could take a bit longer, but not much. Any thoughts ?
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Applying for ead or ap does not slow down the process at all.
 
Awesome! Im sending my forms tomorrow, so hopefully I get them back by December.

Couple questions though. What goes in Part 1 box no. 3- class of admission? And what is the best thing to put in Part 4 - purpose of trip? When my purpose is to see family I havent seen in two years this christmas.
 
Ausmatt7 said:
Awesome! Im sending my forms tomorrow, so hopefully I get them back by December.

Couple questions though. What goes in Part 1 box no. 3- class of admission? And what is the best thing to put in Part 4 - purpose of trip? When my purpose is to see family I havent seen in two years this christmas.
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I don't know whats in box 3 and wat class of admissions means. But for the purpose of ur trip, to visit family is fine.
 
dematra said:
It turns out that for H-1B holders there is nothing to gain by applying for Advance Parole. Even worse is the possibility that AP can mess up your H-1.

Good to know.

An article explaining why
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I completely agree with you Dematra- Persons with a valid H1B are allowed to exit and enter the US for the duration of the validity of the H1B. Because an H1B visa holder can have a dual intent- ie want to immigrate to the US- the simple act of leaving the US will not invalidate that intent (unlike for other persons who may be in the process of getting a green card....)

There is therefore nothing to be gained by applying for AP if one has a valid H1B. I was told NOT to apply for Advanced Parole precisely for that reason- thanks for sharing the link though- I will definitely share it with other people I know in similar situations!
 
lindina254 said:
There is therefore nothing to be gained by applying for AP if one has a valid H1B. I was told NOT to apply for Advanced Parole precisely for that reason- thanks for sharing the link though- I will definitely share it with other people I know in similar situations!
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You should be careful. As long as one is on H1 status, they can travel without AP, however, if you use EAD to change job or whatever, you might need AP to travel even though you have approved H1 petition and valid visa.
 
GotPR? said:
You should be careful. As long as one is on H1 status, they can travel without AP, however, if you use EAD to change job or whatever, you might need AP to travel even though you have approved H1 petition and valid visa.
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you are right- I was working on the assumption that one would maintain valid H1B status and continue working on that and not apply for EAD. I guess I should have made that clearer.

EAD invalidates H1B status- so one cannot have a valid H1B and EAD at the same time (although the actual physical H1B visa may still be in one's passport and not be expired...)
 
GotPR? said:
You should be careful. As long as one is on H1 status, they can travel without AP, however, if you use EAD to change job or whatever, you might need AP to travel even though you have approved H1 petition and valid visa.
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Very true. Contrary to general perceptions the whole EAD/AP issue is a delicate area for those holding H1 type visas/status. Especially if you are hoping to use your H1 as backup incase your DV fails. Although not many people have problems, I think it's worth being aware of the unintended side effects.

Another interesting discussion on this issue
 
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