Emergency Advance Parole at Cherry Hill

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CalvinX

Registered Users (C)
Hi,

I had applied for I-140/485 and Advance Parole in Sept 2003 (Vermont). I have not yet received the AP. I work on H1B authorization (I don't have the H1B visa stamp; actually my new H1B authorization just came last week).

I urgently need to travel overseas on business.

Q1. Can I get an emergency AP from INS @ Cherry Hill, NJ (I live in NJ) with a letter from my company explaining the urgency, and copy of my receipt notice for AP received from Vermont?

Q2. Has anyone done this before? Anything else I need to take to get the AP immediately?

Q3. If I'm issued the AP, am I ok to reenter on AP without jeopardizing my H1B status? Or, must I also get an H1B visa stamp from a consulate overseas (I would like to avoid having to go to a US consulate overseas as this is a very short trip).

Thanks!
 
If you maintain a valid H1B status, You wont need AP to enter US. You will need AP, if either of the two conditions are met :-
1. Your 6 year limit on h1b been used up.
2. Or, you used EAD . If you use EAD to work for another employer, then you no longer maintain H1B status.

BTW ,, are you MR. Felix. ?
 
i don't think this is correct

I thought I read posts saying those on H1B status (even those within the 6 year H1B period) can re-enter using Advance Parole.

What you seem to be saying is that if one is in H1B status (in first six years) and has I-140/485 pending, then the only way to get back is on H1B visa (and the AP is worthless??).

No I'm not Felix
 
H1-B extension costs from $1000 to $3000, whereas AP costs $110. Your employer can revoke your H1B anytime and they cannot revoke AP. Apply for AP as a backup, you are no going to lose anything. You never know. But use H1-B as long as it valid, instead of AP.
 
Here is what I know about H1B and AP.

If one does not have H1B stamp on the passport or H1B has expired, then the only way to get back into US is via AP.
If the H1B is still valid and one wants to use AP instead of going to the consulate for stamping, then that is also fine. Entering back by AP does not invalidate one's H1 status. H1B becomes invalid only if EAD has been used.
I was in a similar situation. I did not want to get my visa (H1B) stamped on my passport since it is time consuming and risky. So I used my AP to reenter. I have not used my EAD and continue to use my H1B status.
There used to be a rule earlier where use of AP meant giving up H1B status, not any more.
 
thanks for the insight

I will go the INS office tomorrow and find out and share with you what they have to say
 
greengreedy,

This is exactly the answer I've been looking for since I have a valid H-1B but the visa stamp has expired a few months back
and I have a valid AP till Feb, 2004.

Do you have a list of documents that you used to enter with the AP ?

Also after entering with the AP, is there anything you (or your lawyer) had to do to get yourself "re-instated" in the H-1B status ?

Thanks,
Frere


Originally posted by greengreedy
Here is what I know about H1B and AP.

If one does not have H1B stamp on the passport or H1B has expired, then the only way to get back into US is via AP.
If the H1B is still valid and one wants to use AP instead of going to the consulate for stamping, then that is also fine. Entering back by AP does not invalidate one's H1 status. H1B becomes invalid only if EAD has been used.
I was in a similar situation. I did not want to get my visa (H1B) stamped on my passport since it is time consuming and risky. So I used my AP to reenter. I have not used my EAD and continue to use my H1B status.
There used to be a rule earlier where use of AP meant giving up H1B status, not any more.
Click to expand...
 
Frere
I carried a copy of my I-485 and proof of employment with my current employer (a letter from the employer). It won't hurt if you carry some recent pay stubs!!!

There is no need to do anything when you return in regards to H1. On reentry, make sure they stamp your original AP document and give you a new I-94 card.
Hope that helps

Let me know if you have more questions

Manoj
 
If you show H1-B visa, they will write manner of entry as H1-B on I-94. If you show valid AP, they will write as "Paroled" on I-94.
 
Bad experience

at cherry hill this morning.

This stupid immigration officer won't even make eye contact and just gave a disinterested look and kept staring at her stupid desk.

Anyway, I asked her my first question - Does use of an AP to reenter the USA invalidate the H1B?

she said just read the AP instructions.

I said it wasn't clear, so I was hoping to speak directly with an immigration officer.

She said I was speaking to an immigration officer.

Then she said AP gives one permission to reenter the USA (yes, this is something new that I don't know right?)

Anyway, then I told her I want to make emergency business travel and have AP pending at Vermont. So I wanted to get an emergency AP from Cherry Hill. She said if it is pending at Vermont, they can't do anything and gave me that "don't waste my time and go away" look.

I wish something could be done about this incompetent INS with people just half a brain working for it.

QUESTION:
I'm a Canadian citizen. I work on H1B and I just got my new H1B authorization last week. Can I schedule an appointment in Canada to get an H1B visa, say Montreal or Toronto? This way I can reenter using that and go on my business trip and don't have to bother about AP. The only fear I have is that if for some reason I'm denied the H1B visa, will I be stuck outside the USA (because I don't have AP either)? Any links will help. Btw, the business trip I need to make is within next 2 weeks and I see little hope of getting my AP from Vermont by then.

Thanks,
 
Try Newark, INS office

I had applied AP for the wife thru the lawyer to VSC. By beginning of march 2003 we did not hear anything from VSC. So we took the receipts of 485 to the INS regional office at Newark. When asked questions my wife kept on saying that she did not apply for AP before and has to travel to India on family emergency. We waited for the whole day to get the AP eventually. Within 2 weeks after she left for India she did get another AP from VSC. We still used the one that she applied at Newark. Everything worked well at the point of entry. No questions asked. Smooth ride. So Calvin, if this is very important, just act as tho you are applying for first time... Goodluck and sorry for the ignorant, scumbags working at some of the centers !
 
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