AP and how it works? Jaxson and others please respond.

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New Member
I was working on H1 when my spouse and kid went for a vacation out of US. They had valid H4 at that time and before their departure I had applied for thier AP. I have received the Approval Notice of AP while they were outside US. I have to join a new employer on EAD before my family joins me in US.

My questions:
(1) Is it OK for my spouse and kid to return to US using AP?
(2) Is it mandatory that one should receive the AP Approval Notice before leaving US?

Thanks and regards,
 
This text is from ins.gov. It clearly says that AP must be approved before leaving the country. Therefore, it APPEARS that you can not use AP which was approved when you were not physically present in the country.



Advance Parole
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Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1 (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

Filed an application for adjustment of status but have not received a decision from the INS;
Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
An emergent personal or bona fide reason to travel temporarily abroad. Applicants who are the beneficiary of a Private bill and Applicants who are under deportation proceedings must file at INS, Office of International Affairs, Parole and Humanitarian Assistance Branch, 425 I Street, NW, ATTN: International Affairs, Washington, DC 20536
Aliens in the United States are not eligible for Advance Parole if they are:

In the United States illegally;
An exchange alien subject to the foreign residence requirement;
 
goodsaint...

Please read your post. especially the sentence starting with Note: , the one after you have quoted.
 
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