AP approval arrived after he left

RVMjr

New Member
A. is a world renowned researcher in his field. Has resided in US for 7 years. Has applied for green card -status EB1- fingerprints etc all finished. His employer (prestigious university) booked him to speak at international conference in late july. Advanced Parole papers did not come before he had to leave for the conference- and as he was a presenter there not going was not an option. Now out of the US and in his home country, A. applied for a new immigrant visa and had interview at the US embassy the following day. Was told he needed his papers etc to be sent to DC for clearance check again because that 'is the procedure we have to follow' and it would take 60 days. Meanwhile, his approval for advance parole arrived. It is dated 8 days after he left the country. Can he use this AP approval to return sooner or speed up the clearance check process? He did not have it before he left, but he had filed for it before he left.
Thank you.
 
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A. is a world renowned researcher in his field. Has resided in US for 7 years. Has applied for green card -status EB1- fingerprints etc all finished. His employer (prestigious university) booked him to speak at international conference in late july. Advanced Parole papers did not come before he had to leave for the conference- and as he was a presenter there not going was not an option. Now out of the US and in his home country, A. applied for a new non-i visa and had interview at the US embassy the following day. Was told he needed his papers etc to be sent to DC for clearance check again because that 'is the procedure we have to follow' and it would take 60 days. Meanwhile, his approval for advance parole arrived. It is dated 8 days after he left the country. Can he use this AP approval to return sooner or speed up the clearance check process? He did not have it before he left, but he had filed for it before he left.
Thank you.

Immigration law do not differentiate between known scientist and the most stupid one, except for putting different people in different categories. Once applied, both of them should follow the rules. He can not travel before approval of the AP (unless he has H or L status and valid visa stamp or at least can apply for stamp overseas and there is possibility of delay in visa issuance as happened with him). If he is not on H or L and traveled before approval of AP, this means he abandoned his pending I-485 application (whatever his category is). The way people do, despite it is not 100% right, is to mail the AP and in MOST cases the person can use it to reenter and it work with them in many occasions. And having approved AP will not help at all to expedite the process of the pending security check on the visa he applied for.
 
Sigh... this has been so hard.
So if he does try to use his approved AP papers and reenter the US... what happens? Does it just depend on who looks at his passport and his AP papers? Is it part of that person's job to cross check the date stamps in the passport with the issuing date of the AP? And suppose they DO look at the issuing date and deny his re-entry to the US, then what? Do they make him turn around and fly right back? Does the country he's coming from make a difference?
Next question... suppose he waits the two months in for his new immigration visa for his work and then returns. His GC app is considered abandoned, right? Does that mean that the USCIS will technically deny his application and he'll have to leave the country immediately? Is an abandoned application the same as a denied one? Can he just start over and re-file from scratch?
I so want him home with me. Thank you for your patience with my questions.
 
H4 stamped Advance parole Issue

Please advise Gurus
I have a very different situation.
I have H4 stamped Visa till August 2009 and I have unused Advance Parole valid till October 10, 2008.
I have EAD as well.
I- 485 Pending more than 180 days.
Approved I-140.
Rest of the world category.
I-485 Receipt Date September 29,2007.
If I travel abroad , do I have to apply for new Advance Parole because I will leave in first week of October for six months or more.
Q 1: Can I come back to US in August before the H4 expires on valid visa but expired Advance Parole?
Q2: If principal applicant applies for third extension of H1 while I am (H4)out of country, is there going to be a problem for dependent H4 third extension ?
Q3: If H4 gets extended, is US consulate abroad going to stamp new extension on H4 candidate who has EAD and expired Advance Parole?
 
Hi, I'm the original poster. I've been reading and researching online and I'm so confused by all I've read. A. has H1B status (same employer, multiple years), but his visa stamp expired. Just the stamp, not the immigration document which is good till late 2009. In his home country (Russia) at the US embassy he applied for dual status (both visa and waiting for change of status) so he is not considered to have abandoned his GC application, at least according to the officer who interviewed him at the embassy. Can he use the approved Advanced Parole and return home now?
 
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Hi, I'm the original poster. I've been reading and researching online and I'm so confused by all I've read. A. has H1B status (same employer, multiple years), but his visa stamp expired. Just the stamp, not the immigration document which is good till late 2009. In his home country (Russia) at the US embassy he applied for dual status (both visa and waiting for change of status) so he is not considered to have abandoned his GC application, at least according to the officer who interviewed him at the embassy. Can he use the approved Advanced Parole and return home now?

As I mentioned, if he is on H status (with valid or expired H stamp), his pending I-485 will be in good shape with no effect at all. Those who abandoned their I-485 are the people working with EAD without H or L status. Is this clear now?
If his H stamp expired he can go and apply for another H stamp in the consulate overseas, and I think this is what he did. The only drawback of this is the delay which may happen for few days or even months (one of my friends waited for 11 month to get the H stamp, by that time she already lost her job). But, again no effect on the pending I485 because he is on valid H
For the AP, the law said, if he want to use the AP, the latter should be issued before he traveled (in another ward, AP can not be mailed to him overseas and should be in hand or at least issued before travel). But as I mentioned, many uses the mailed AP with issue date after their travel date and just used it without problem (the POE officials may oversight this). What will happen to your friend if he uses his AP, I do not know. If I will be in his situation, I will try using the mailed AP
 
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