conclusion about AP

[programmer76]

This is something different from what I learned about AP reading these forums. I had an impression that you can't leave the USA while your AP is pending.But now i'm in dilema.I was surfing the Murthy website and came across the following article.

http://www.murthy.com/news/n_favint.html

It says.....

______________________________________________________________

Case Example for Reentry Using Nonimmigrant Status

A person is in the United States on H1B status. S/He also has an I-485 pending and a request for advance parole filed while in the U.S. Before the advance parole is approved, the person has to travel abroad. S/He may depart the U.S. and reenter in H1B status without abandoning the advance parole request. The advance parole is then available to use for a future trip.
______________________________________________________________

Now let me tell about my case. I've valid H1B stamp in my passport. I've applied for AP which will take approximately 3 months to get approved. I need to make an urgent trip to India.

If I come back inside usa using my valid H1B stamp then will I not be abandoning the advance parole request? Will I be able to use this AP which got approved while I was in India for my next trip to India when my H1 is expried?

 

[bagalkot]

Do not bet on that

I would suggest not to think about it even if you can do it.
What suppose if your H1 expires while you are in India and you get an RFE for your AP. Somebody should answer your RFE and then your AP process will get delayed.

 

[inocent]

If you have valid H1B status and H1B visa, you can travel abroad and return on H1B. Make sure you carry I485 reciept notice with you.

 

[TheRealCanadian]

Make sure you can return

Let me give you another example. My wife and I had a pending I-140 and were on H-1B/H-4 status. We got laid off and immediately filed a Change of Status request to TSC for B-2 status. During this period my I-140 was approved. Later I got a new job offer and filed for an H-1, but my wife stayed in B-2. We then filed our I-485s.

We left for Canada, and returned back. My wife was not on H-4 when she left, and had a pending AP request. She applied for H-4 status at the POE and was admitted. We have not had any issues.

The trick, when you leave the US, is to ensure you can get back either in H, L or AP status.

 

[programmer76]

**********************************************************
Case Example for Reentry Using Nonimmigrant Status

A person is in the United States on H1B status. S/He also has an I-485 pending and a request for advance parole filed while in the U.S. Before the advance parole is approved, the person has to travel abroad. S/He may depart the U.S. and reenter in H1B status without abandoning the advance parole request. The advance parole is then available to use for a future trip.
**********************************************************


Hi Folks,

Thanks for your feedbacks.I know I can come back on vallid H1 visa and i plan to come back using the same H1 visa before it expires. QUESTION i've are...

(1)If I come back inside usa using my valid H1B stamp then will I not be abandoning the advance parole request? Basic rule i learned after reading all forums in this website was that if you leave before your AP is approved you are abandoning your 485/AP application BUT whatever is written by Sheela Murthy on her website contradicts that.

(2) Will I be able to use this AP which got approved while I was in India for my next trip to India when my H1 is expried? OR that AP is no use for me because it was approved when I was in India?

 

[inocent]

**********************************************************
Case Example for Reentry Using Nonimmigrant Status

A person is in the United States on H1B status. S/He also has an I-485 pending and a request for advance parole filed while in the U.S. Before the advance parole is approved, the person has to travel abroad. S/He may depart the U.S. and reenter in H1B status without abandoning the advance parole request. The advance parole is then available to use for a future trip.
**********************************************************


Hi Folks,

Thanks for your feedbacks.I know I can come back on vallid H1 visa and i plan to come back using the same H1 visa before it expires. QUESTION i've are...

(1)If I come back inside usa using my valid H1B stamp then will I not be abandoning the advance parole request? Basic rule i learned after reading all forums in this website was that if you leave before your AP is approved you are abandoning your 485/AP application BUT whatever is written by Sheela Murthy on her website contradicts that.

-- If you leave and reenter on H1B visa (you have to have valid H1B visa and current I129 approval notice), you will not abandon any application because you are non-immigrant with 'Dual Intention'.


(2) Will I be able to use this AP which got approved while I was in India for my next trip to India when my H1 is expried? OR that AP is no use for me because it was approved when I was in India?
-- Yes you can use AP for its validity. Just in case double check it with your lawyer.

 

[cincipal]

HI gurus,

I got a situation regarding my wife travel to India

Im in H1 ,She is in H4 and my 140 is pending & our 485 is also pending.
Her Current H4 expires in Jan 2005.
My wife wants to travel to India and stay there for 1 year .

If she applies AP and travel to india before AP approval,

Questions are:
1. Does it cause any problem for I-485 ?
1. If she can re-Enter USA using diff/new H4 (new stamping) after current H4 expires.
2. If she can use AP (whc may be approved while she is in India) to re-enter
after current H4 expiry (if H4 not renewed) without any problem to I-485 .

I also seen the murthy's forum.

Expecting the comments !

Thanks!

 

[inocent]

HI gurus,

I got a situation regarding my wife travel to India

Im in H1 ,She is in H4 and my 140 is pending & our 485 is also pending.
Her Current H4 expires in Jan 2005.
My wife wants to travel to India and stay there for 1 year .

If she applies AP and travel to india before AP approval,

Questions are:
1. Does it cause any problem for I-485 ?
1. If she can re-Enter USA using diff/new H4 (new stamping) after current H4 expires.
2. If she can use AP (whc may be approved while she is in India) to re-enter
after current H4 expiry (if H4 not renewed) without any problem to I-485 .

I also seen the murthy's forum.

Expecting the comments !

Thanks!

Better check with your lawyer. I will recommend to wait for AP before leaving.

 

[sairam1]

HI gurus,

I got a situation regarding my wife travel to India

Im in H1 ,She is in H4 and my 140 is pending & our 485 is also pending.
Her Current H4 expires in Jan 2005.
My wife wants to travel to India and stay there for 1 year .

If she applies AP and travel to india before AP approval,

Questions are:
1. Does it cause any problem for I-485 ?
1. If she can re-Enter USA using diff/new H4 (new stamping) after current H4 expires.
2. If she can use AP (whc may be approved while she is in India) to re-enter
after current H4 expiry (if H4 not renewed) without any problem to I-485 .

I also seen the murthy's forum.

Expecting the comments !

Thanks!

if one leaves US shores while AP is pending (not approved) .. that AP cannot be used for re-entry even if it is approved, when the person is not in the US...

Hope this helps
Cheers!

 

[programmer76]

Hi sairam,
This article in Murthy's website started this discussion.

************************************************** ********
Case Example for Reentry Using Nonimmigrant Status

A person is in the United States on H1B status. S/He also has an I-485 pending and a request for advance parole filed while in the U.S. Before the advance parole is approved, the person has to travel abroad. S/He may depart the U.S. and reenter in H1B status without abandoning the advance parole request. The advance parole is then available to use for a future trip.
************************************************** ********

http://www.murthy.com/news/n_favint.html

please Read this post from the beginning. Here we are talking about AP that was approved in person's absence but person didn't use it beause person had a valid H1 via. We are talking whether this AP can be used or not in the next trips.

 

[sairam1]

Hi sairam,
This article in Murthy's website started this discussion.

************************************************** ********
Case Example for Reentry Using Nonimmigrant Status

A person is in the United States on H1B status. S/He also has an I-485 pending and a request for advance parole filed while in the U.S. Before the advance parole is approved, the person has to travel abroad. S/He may depart the U.S. and reenter in H1B status without abandoning the advance parole request. The advance parole is then available to use for a future trip.
************************************************** ********

http://www.murthy.com/news/n_favint.html

please Read this post from the beginning. Here we are talking about AP that was approved in person's absence but person didn't use it beause person had a valid H1 via. We are talking whether this AP can be used or not in the next trips.

The whole idea of quoting a message inside my reply was to mention the specific topic of discussion. I was only suggesting a response to one item on a post I had used as a quote in mine.

Trust this clarifies.

As for the case that you mention at the beginning of the thread... I dont think there is any issue there to be clarified. Muthy.com actually explains what USCIS had clarified with an example. SInce we are discussing what www.murthy.com has stated, why dont you call them and confirm. Isn't that a better idea ... just a thought

 

[goodyearahead]

Hello All,

Concepts about re-entry using advance paraole is clear. My only question is while checking out of US...how do you show that you are intending to return on AP or valid H1B visa...after all the airlines takes I-94 card from you. Does that mean you have the choice of both and decide about it while re-entring?

Thanks,
goodyearahead

 

[GreenCardVirus]

Hello All,

Concepts about re-entry using advance paraole is clear. My only question is while checking out of US...how do you show that you are intending to return on AP or valid H1B visa...after all the airlines takes I-94 card from you. Does that mean you have the choice of both and decide about it while re-entring?

Thanks,
goodyearahead

When you are leaving, the only intension is leaving the country, it does not matter how you intend to return.

If you have H1 and a H1 Visa Stamp, you can use that irrespective whether you applied for AP, whether AP is pending or approved.

However if you intend to enter on AP, you must have an AP approved before you leave and valid till your date of reentry.

Suppose, your current AP is valid till Feb 15. You applied for extension on Jan 1st. You leave country on Jan 15th. If you AP extension is still pending on Jan 15th, you must return before Feb 15th. Even if you AP extension is approved on say Jan 30th, you still have to come back by Feb 15th.

It is no good if you have an approved extension mailed to you in your home country and return after Feb 15th.

I'm just stating what the rules say .....

 

[goodyearahead]

When you are leaving, the only intension is leaving the country, it does not matter how you intend to return.

If you have H1 and a H1 Visa Stamp, you can use that irrespective whether you applied for AP, whether AP is pending or approved.

However if you intend to enter on AP, you must have an AP approved before you leave and valid till your date of reentry.

Suppose, your current AP is valid till Feb 15. You applied for extension on Jan 1st. You leave country on Jan 15th. If you AP extension is still pending on Jan 15th, you must return before Feb 15th. Even if you AP extension is approved on say Jan 30th, you still have to come back by Feb 15th.

It is no good if you have an approved extension mailed to you in your home country and return after Feb 15th.

I'm just stating what the rules say .....

Thanks...my question is do we need to handover a copy of AP to INS while leaving because the rule says our I-485 would be kept pending till we return back...or INS gets informed by the airlines based on our I-94 which they collect while issuing the boarding pass. To be more specific I am clear that we need to present it at port of entry during re-entry is there a similar procedure while checking out?

 

[TheRealCanadian]

To be more specific I am clear that we need to present it at port of entry during re-entry is there a similar procedure while checking out?

Unless you were subject to Special Registration, there is no special "check-out" procedure when leaving the US.