Do I need to apply for AP?

J

jify30

Registered Users (C)
Hi Folks,

My PD will become current as of June 1, 2006. I am applying for I-485 and EAD. My I-140 is not approved yet. Recently, I renewed my H1B for another 3 years, starting July 1, 2006. Visa on my passport is valid till June 30, 2006. If I have to travel to India after June 30, 2006, do I need advanced parole to come back or will it be easier for me to get H1B stamped on my passport in New Delhi. Your suggestions will be appreciated.

Thanks
 
I think the first problem for you will be even if you are able to file for the I-485 assuming that the PD will become current, you will not be able to get the EAD/AP approved by June 30, the date you want to travel. EAD/AP will take atleast 2-3 months for approval. So keep that in mind and then plan accordingly.

Best Luck !
 
puerthoughts said:
I think the first problem for you will be even if you are able to file for the I-485 assuming that the PD will become current, you will not be able to get the EAD/AP approved by June 30, the date you want to travel. EAD/AP will take atleast 2-3 months for approval. So keep that in mind and then plan accordingly.

Best Luck !
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First of all, my PD has already become current in the June VB. Secondly, I am not planning to go to India till the end of year 2007. But I was asking for this info just in case I have to go to India in emergency after June 30, 2006.
 
There are two possibilities for your return: AP or Latest Visa stamp. Getting visa stamp will depend upon appointment availability at the consulate. In past people have needed 2-3 months appointments in past. I don't know what the current situation is. Moreover, making round of consulate when you're in India for an emergency could be an extra drag.

If you want to be prepared for an unplanned visit to India lasting 1-3 weeks, AP is the route to go.

jify30 said:
First of all, my PD has already become current in the June VB. Secondly, I am not planning to go to India till the end of year 2007. But I was asking for this info just in case I have to go to India in emergency after June 30, 2006.
Click to expand...
 
gravitation said:
There are two possibilities for your return: AP or Latest Visa stamp. Getting visa stamp will depend upon appointment availability at the consulate. In past people have needed 2-3 months appointments in past. I don't know what the current situation is. Moreover, making round of consulate when you're in India for an emergency could be an extra drag.

If you want to be prepared for an unplanned visit to India lasting 1-3 weeks, AP is the route to go.
Click to expand...

Thanks gravitation...does that mean I don't have to get my visa stamped if I travel with AP.
 
techy2468 said:
can one apply I-485 without approved I-140, non-concurrantly??
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Yes we can! See some lines from the form instructions below:

Employment-based adjustment of status.
Form I-485 without Form I-140 (non-concurrant).
If you have already filed Form I-140, Immigrant Petition for Alien Worker, submit your employment-based Form I-485 to the service center that approved or is currently responsible for adjudicating your Form I-140 petition. Include a copy of your Form I-140 filing receipt and/or transfer notice, as applicable.
 
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