can I use the AP to come back to US?

J

jay_gm

Registered Users (C)
Hi guys,
I would like to know if I can use the AP if I am already in India? My H1 Visa expires in Feb 2004. I am going to India in Dec-Jan. I am going to get my Visa stamped at the consulate. My EAD and AP were filed in Aug 2003. I got an RFE and my lawyer has already responded.

I would like to know if I get my AP approved while I am in India and my lawyer sends me the AP, can I use it to come back to US?

Thanx,
Jay.
 
I don't think the consulate likes to stamp visa if you have less than 6 months to go on your H1. Best would be to wait and get AP- then you don't have to do any stamping at consulate etc.
Thanks
 
Thanx sb_tiger

Thanx for the info.
I think I have to go for a 7th year extension.

Do you know if I can use the AP to come back to US, if my AP gets approved when I am in India?

Thanx,
Jay.
 
AP is an entry document- you need it when you come in (not when you go out)- so if you have it issued and delivered in India before you start back- you could do it.

Since you had an RFE- I would not suggest you taking that risk.
HTH
 
Many say that, one must get AP before leaving US if you do not have valid VISA at the time of entering USA. It means AP has to be approved before you leave. Let us say when you come back, if the officer at port of entry notices that your departure date is before the AP approval date, he most likely he will not allow you to enter US, if you do not have any other valid VISA in your passport.
 
Thanx a lot.

Thanx guys for your input.

I am definitely not leaving US before my AP is approved. But, I was thinking of a scenario in which my AP is approved but I have not got the letter. In that case my lawyer could send me the letter to India.

Thanx,
Jay.
 
Originally posted by z/OS V1.4
Many say that, one must get AP before leaving US if you do not have valid VISA at the time of entering USA. It means AP has to be approved before you leave. Let us say when you come back, if the officer at port of entry notices that your departure date is before the AP approval date, he most likely he will not allow you to enter US, if you do not have any other valid VISA in your passport.
Click to expand...

This is absolutely right, technically Advance Parole in itself means you are approved to be paroled back in advance before leaving US and legally it is not allowed to obtain after one leaves USA.
 
Don't worry, AP gets you in fine

I used my AP twice, and it does give you any trouble. However, it seems INS has different procedure to handle AP, and most of officer were not familiar with it. He/she will ask you to wait in the secondary screening room, but no sweat. They just need to find the guy who knows the staff. Neither time additional question is asked, they just made couple of copies, stamped it and let me out. Good luck
 
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