AP- can it be couriered? Confusing situation

C

cdesai

Registered Users (C)
Hi,

My wife is a derivative I-485 applicant(I am the primary). She has a H1B visa valid until end of next year. Because of a family emergency, she had to leave for India, while her AP application was pending. Now she would like to stay substantially longer in India. So she wants to resign her job. The day she intends to return to US, her H1B visa still will be valid. Her AP has just arrived.

Can she use it if I courier it to her, considering that the approval date on her AP is later than her departure date from US? If she uses her AP to enter the country, could she have problems later if there is a I-485 interview.

Please post any suggestions, ideas? Any help is welcome.

Thanks
Rahul
 
As long as she has valid H1, she doesn't have to use AP.



Please read this from BCIS..



Advance Parole
-------------------
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-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants 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, and K-3/4 nonimmigrants 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.
 
H1 expired at time of return

As in this case, what happens if the person returns to the US after the valid date of the H1B on the passport. In which case, can he/she use the AP although it was approved after he/she left the US while on a valid H1 visa?

Pls. comment.
 
As per yesterday’s Murthy ‘s chat any one leaves country while AP application is pending may not able to use AP. She said the officer at POE entry might refuse the entry as applicant has left before the approval of AP. It will be on Murthy.com by week end.
So take care accordingly.
 
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