can H-1B visa physicians apply for advance parole

C

CASH

New Member
Can an H-1B physician apply for an advance parole to travel outside the country when his application for green card is pending ? I don't want to apply at the US embassy in Pakistan and get stuck with security delay. I have been already stuck once in 2002 for 7 months ! is it possible and will it be approved ? I have heard that going through Canada is no longer a good option as they are also getting strict.
please help.
 
CASH said:
Can an H-1B physician apply for an advance parole to travel outside the country when his application for green card is pending ? I don't want to apply at the US embassy in Pakistan and get stuck with security delay. I have been already stuck once in 2002 for 7 months ! is it possible and will it be approved ? I have heard that going through Canada is no longer a good option as they are also getting strict.
please help.
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Yes, if your 485 is pending for the stipulated period. You do not have to go to any consulate for this. You should also apply for EAD along with the advance parole. This way you will not need to renew your H1.
 
H1 applying for AP/EAD

CASH said:
Can an H-1B physician apply for an advance parole to travel outside the country when his application for green card is pending ? I don't want to apply at the US embassy in Pakistan and get stuck with security delay. I have been already stuck once in 2002 for 7 months ! is it possible and will it be approved ? I have heard that going through Canada is no longer a good option as they are also getting strict.
please help.
Click to expand...
arizonian said:
Yes, if your 485 is pending for the stipulated period. You do not have to go to any consulate for this. You should also apply for EAD along with the advance parole. This way you will not need to renew your H1.
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That's a Dangerous advice you are giving!!!!!!!!!! (... no need to renew H1)

If you are on H1, and have applied for I-140/I-485, you should try to stay on H1 AS LONG AS possible. Reason .....

assume ... you do not renew your H1 and go on EAD/AP from Sept 19, 2005. Then on Jan 16, 2006, CIS informs you that your I-140/I-485 has been denied. Then you will be considered out of status from Sept 19, 2005 and the time clock for ban on US entry will begin ticking.

solution: do apply for AP/EAD before you go out of the US (if you have filed I-485.) If you haven't filed I-485, you can not apply for AP/EAD. when you reenter US, use your H1, not your AP.
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THANKS Arizonian and J-1victim for your quick replies. J-1victim, my H-1 is extended for another 3 years. but the visa on my passport is expired, and if I leave now, I will have to apply at the Us embassy for the visa stamp, unless I get the advance parole, cuz I know, in my hearts of heart, I know, if I apply at the Us embassy, they will again hold me for 3-6 months, been there once and done that and I am really done with that stupid blind wait. You would think that they have checked me good once for 7 months and now I should be all good, but it doesn't work that way anymore. so my question still is the same, MY H-1 IS EXTENDED ON PAPER, BUT CAN I LEAVE THE COUNTRY ON ADVANCE PAROLE AND BYPASS THE US EMBASSY IN PAKISTAN AND NOT GET THE H-1 STAMP ON THE PASSPORT ?
 
H1 and AP ...

CASH said:
..... if I apply at the Us embassy, they will again hold me for 3-6 months, been there once and done that and I am really done with that stupid blind wait. You would think that they have checked me good once for 7 months and now I should be all good, but it doesn't work that way anymore. so my question still is the same, MY H-1 IS EXTENDED ON PAPER, BUT CAN I LEAVE THE COUNTRY ON ADVANCE PAROLE AND BYPASS THE US EMBASSY IN PAKISTAN AND NOT GET THE H-1 STAMP ON THE PASSPORT ?
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you do not leave the country on AP. you need AP to reenter. To reenter US, You will need to get a visa stamp in your passport (unless you want to reenter on AP and be in pending AOS ... means you are no longer on H1 ... which is a dangerous situation i believe).

i know how it feels. You are on H1 status now and you are fine as long as you are in the US. The moment you go outside the US, you will need a Visa stamp to reenter. you can not bypass a US embassy.
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Ask this question in the I-485 forum and see their response. Let us know what replies you get.
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CASH nothing to worry J1 victim is wrong.
You can leave and then enter on AP and maintain and even extend you h1 status as long as you remain with th the same employer.

There is no need to be in h1 status while you are waiting for AOS.If AOS is denied then the unlawful presece clock will start from the date of denial notice and not reterospectively.
 
Actually, if the underlying I140 is denied, the pending I485 disappears into a cloud of white smoke as if it never existed. It doesn't even get denied, it is just not there anymore due to the lack of a legal foundation (pending I140).

I am not sure about when they start to count the unlawful presence clock, but falling out of status while working is a very bad thing all around. If you are a primary care physician with a full patient roster, just stopping to work one day has far-reaching implications (financial, legal and ethical). Advice that might be defendable for some fly-by-night IT consultant (no problem, all the others are wrong, just use AP) can be dangerous for a physician.

Also, there are certain legal implications to being a 'parolee' vs having entered on a valid non-immigrant visa. Have an attorney explain them to you or look them up.

It is the advice of most immigration attorneys I have had contact with so far to maintain H1b status as long as possible, definitely until the I140 is approved. You might want to get the AP as a fallback if you have a delay due to the security checks. If you had the delay once, there is a chance that they will do the same thing again. With AP, at least you could return to the states to take care of your practice.
 
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Thanks for all the insightful replies. Well I have done a retro thing. usually people ask the lawyers after getting advice on forums like these. In my case the lawyer is already recommending advance parole. it is me who is concerned with relying on advance parole and not getting the H-1B visa stamp on the passport, as they might question me at the airport upon returning as to why I didn't get the visa stamp to maintain H-1B status , when I do have valid papers? Also the new law says that I don't have to apply for advance parole if I have valid H-1 status. I guess wehter my application for advance parole is accepted or denied will decide this issue.
 
hadron, what you are saying is that if someone's visa application gets delayed due to security checks, he can still return on advance parole?
wouldn't his name/passport number be flagged upon return at the immigrantion ?
 
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