entering US on AP

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NF-kappaB

Registered Users (C)
Hi,

my wife will be in H1B status from 10/01/2004. In parallel she has received advance parole/I-485 based on my I-140/I-485 application (NIW). She will travel to our home country, but wants to reenter the USA on advance parole, since getting an H1-B visa stamp in our country takes very long. Later when the putative decision date for my I-140 draws closer, we want to get an H1B stamp to be in status in case the I-140 is denied (via Canada if possible).
Can you please help me with the following:
1. Do you see any problem with this strategy?
2. Entering as an advance parolee, does she still have to fill out an I-94 form and are there any pitfalls to avoid or additional docs required except passport and I-485 receipt notice?
Would be great to get some help. Thank you very much.
 
I have no answer for your first question but the second one.
I recently came back from home country and entered in to US using AP. At the immigration counters there willl be two paths one for citizens/Permanet Residents and second one for Visitors basically all non-immigrants like b,h,l etc visa holders. When I asked the officer there, she directed me to Visitors section. I did fill my I94 and gave to the officer. Then she took my passport, AP and went inside for few minutes. She came back and stamped on Passport and I94 (its wriiten paroled until date mm/dd/yyyy). Thats it. She didnt ask for any other documents. But my friends suggested me to have all related GC documentation, W2s and some latest pay stubs.
Hope this info helps you
 
NF-kappaB said:
Hi,

my wife will be in H1B status from 10/01/2004. In parallel she has received advance parole/I-485 based on my I-140/I-485 application (NIW). She will travel to our home country, but wants to reenter the USA on advance parole, since getting an H1-B visa stamp in our country takes very long. Later when the putative decision date for my I-140 draws closer, we want to get an H1B stamp to be in status in case the I-140 is denied (via Canada if possible).
Can you please help me with the following:
1. Do you see any problem with this strategy?
2. Entering as an advance parolee, does she still have to fill out an I-94 form and are there any pitfalls to avoid or additional docs required except passport and I-485 receipt notice?
Would be great to get some help. Thank you very much.
Click to expand...

I think your strategy is sound, except that I think being in parolee status is dangerous, in case your I-140/AOS gets denied, since then all days that you have been on parolee status will count as days for illegal presence....
 
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