Filing AP question -pls help

S

sg930

Registered Users (C)
Hi

I am planning to file AP myself. I went around and found some great info regarding this in this forum. Thanks guys. However I still have a few questions -

1. Do I need to cut the photos to make the size to 30/26 mm so that it fits the box on the right hand side as the "Photograph requirement" document says?

2. Do I need to post applications for me and my wife separately or can I send both of them in one parcel?

3. The "How to file " section of USCIS webpage shows the following ->
--------------------------------------------
How to File For Advance Parole
An alien in the U.S. and applying for an Advance Parole document for him- or herself must attach:
- A copy of any document issued to the alien by U.S. immigration officials showing present status in the United States;
---------------------------------------------

What document do we need for this? Currently I am on H1 B and my wife have a H4 stamp on her passport (no separate H4 paper).

We both filed 485 / EAD on Dec 18 2003. I140 was filed on Oct 18 2003.

Any help / direction would be highly appreciated.
 
1. Yes
2. You can do either. I would suggest separating each application set with a stapler or a smaller envelope if you decide to send in one "parcel". Dont foget to include all the documentation for both.

3. I485 receipt is good enough
 
jaxen2 - thanks for all your answers. It will definitely help me.

Initially I did not plan to apply for AP since I have H1 stamp till Dec '04 but then again I saw a travel advisory on the USCIS website posted on Nov 2003 that USCIS reminds immigrants to obtain AP before travelling abroad. So I am not sure now whether this advisory overrides the earlier one which enables a person on H1/H4 to travel and return to US by showing the H1/H4 stamp and the 485 application receipt.

Is this correct reading or is there something I am missing. Anybody - any ideas on this?
 
sg930
IMHO
If you have a valid H1 visa, you do not need AP to travel. This is true only if you have never applied for AP before. Once you use AP you cannot use your old H1 stamp anymore.

In my case I continued to use my H1 to travel even after applying for my 485. My my H1 was running out so I decided to apply for AP rather than go for 7th year extension. I was expecting my AP in a few months....took them a whole 7 Months.

Advanced Parole
ND 5/12/2003
Approved 12/22/2003
 
Thanks

Thats what I also knew. But the travel advisory on the USCIS site is a little misleading.

My H1 stamp is valid till Dec 15 04. I have a plan to go and come back around Nov 1st/2nd week. Do you think I will be okay? My main concern is whether the immigration officer may question or create any problem since I will be having only about a month left on my H1 visa (& stamp) and my company is not planning to apply for a H1 extension assuming my EAD gets approved.
My 485 and EAD ND is 12/18/2003.

Thanks -
 
I think you will be OK. I entered the country in Jan 2003 and my H1 was expiring in Feb 2003. The officer reminded me that I had only a few weeks left on my H1 and I told him that I was planning to apply for my Advanced Parole soon since I had 485 pending, that seemed to satisfy him.
 
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