File for advance parole only with NIW petition?

L

ludhianvi

Registered Users (C)
After months of preparing documents, I am finally ready to submit my application for NIW petition. I already have an attorney and he has looked at my documents. Since I can't file for I-485 due to retrogression (because my lawyer said that they will not file for it), my question is can I ask my attorney to file for Advance Parole (I-131) only with my NIW petition, or I-131 can only be filed if I file for I-485? I am interested in Advance parole so that if I need to go out of country in emergency, I can do it.

Another question, reading the forums here, I observed that some people whose I-140 was denied by NSC, were suggested to e-file with TSC. Is it possible to file with TSC even when one is under NSC jurisdiction?
 
sorry to tell you but, you can ONLY get AP if you file 485.
Are u in a visa right now? can you use your current visa to travel??
 
Thanks for the reply. I am on H-1B visa right now which is valid till August 2008. Can I use my H-1B to travel out of country, lets say to India, after filing my NIW petition? I am under the impression that one cannot travel outside US when one files for NIW without AP. Am I right?

Another question, if I have to renew my H-1B visa and I have already applied for NIW, what happens then?


tipotodo said:
sorry to tell you but, you can ONLY get AP if you file 485.
Are u in a visa right now? can you use your current visa to travel??
Click to expand...
 
I dont know the answers, H-1B have diferent rules regarding 140 and traveling. You can go to the USCIS website and find out.
 
ludhianvi said:
After months of preparing documents, I am finally ready to submit my application for NIW petition. I already have an attorney and he has looked at my documents. Since I can't file for I-485 due to retrogression (because my lawyer said that they will not file for it), my question is can I ask my attorney to file for Advance Parole (I-131) only with my NIW petition, or I-131 can only be filed if I file for I-485? I am interested in Advance parole so that if I need to go out of country in emergency, I can do it.

Another question, reading the forums here, I observed that some people whose I-140 was denied by NSC, were suggested to e-file with TSC. Is it possible to file with TSC even when one is under NSC jurisdiction?
Click to expand...

You can file I-131 only when your 485 is pending. If you are on H-1B and have valid H-1B visa in your passport then you can travel abroad even if you had filed I-140 (NIW). Your travel is nothing to do with NIW. If you do not have visa on your passport then you should apply for H-1B visa when you are in INdia (provided you are planning to come back on H-1B). Hope this clears your doubt.
 
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