AP Question.

T

Texy

Registered Users (C)
Hi Friends,
I am trying to understand this Advance Parole thing, my lawyer says that if you have a valid H1/H4 stamped on your passport you can leave US and stay for say 2-3 months and then re-enter without a problem. All he means to say is you don't need a AP.

Now what I am confused about is, what happens if a person having a AOS-485 pending goes out of USA and while he is there his case is approved.Now since he has no AP can he re-enter?
If no what options does he have to get things right?


:confused: :confused:
 
Advance Parole

When you filed for your I-485, did you apply for Advance Parole & EAD. If you did, then your VISA has been cancelled. However if you never applied for Advance Parole & EAD to date & your VISA is valid, then in that case you can travel on the VISA.
You can read more about it on INS website.
 
Hi Texy :

You may remember my case with approval posted a week back.After reviewing with my attorney and experts in this field who had come across similar situations and exploring the various views and links expressed in this forum ,it is understood the following :

Though you got the approval notice by mail,until the stamping is done on the passport ,your permanent resident records officially do n' t get entered against your SSN.
That means still you are onthe earlier H1 or EAD status.
If you had used EAD,you must take AP.
Otherwise you can just go on your H1 and come back.
This is as per Code of Regulations Sec 245.2 as of Jan 1,2002 and section C Travel.
Though I got approval,I am still going to travel on H1 and come back since my family has already travelled on H4 even before their cases were approved.At the POE they will verify based on your providing documents.Just mention only about your H1/H4.You may carry the I-485 Receipt Notice as a safe package but you need not disclose it unless asked for.
So even when you are out of the country if your case is approved,you can come back safely and then go for passport stamping.

Hope this helps.
 
axrx..i beg to differ. But the H1 does not expire when you apply for a EAD / AP . It expires only if you start using the EAD/AP. If you have a valid Visa & have a EAD/ AP but have not used the EAD/AP you can still work on the Visa & travel with the Visa. and Viv Richards is right about travelling with the visa & have the 485 for Safety's sake.
 
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