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How long we can stay out side US, on Advance Parole
- Thread starter RKE
- Start date
You should enter US before your AP expires. I hope your case is employment based AOS. You should be working for some time in US while your AOS is pending because at the time of Interview if your case is sent to local INS/ BCIS you may be asked to show proof of your work and they may ask recent pay stubs, because they want to make sure that you don’t become public charge after GC. Stay out of US for few months will not harm. You should seek legal advise before going out of US from your lawyer.
Thank you very much for your reply .
seems to be I didn't framed my question correctly.Sorry!
I aam working on Empolement based EAD.I cam ethru H1 and applied for green card etc .
Now I went out of US for about 3 weeks.
Actually my question is reg my wife and sun .
They are still on vacation.
I am already in US.
So how long they can be stay out side US.
My laywer say that they can stay only for 2 months. some of my friends are telling me that they can stay 3 months.
Still some body is telling that there is no limit?
which is true.
Thank you
RK
seems to be I didn't framed my question correctly.Sorry!
I aam working on Empolement based EAD.I cam ethru H1 and applied for green card etc .
Now I went out of US for about 3 weeks.
Actually my question is reg my wife and sun .
They are still on vacation.
I am already in US.
So how long they can be stay out side US.
My laywer say that they can stay only for 2 months. some of my friends are telling me that they can stay 3 months.
Still some body is telling that there is no limit?
which is true.
Thank you
RK
1. I hope you are working on EAD and you have Valid H1B sticker in your passport
If that is correct then you have to use AP because you have used EAD for work, if EAD is not used you can enter with valid H1Visa sticker
2. Your wife and son :if they have valid H4 in the passport and have not used EAD for work in US they can enter on H4 visa, if they have used EAD for work in US then they have to use AP, they have to reach US before AP expires
3 if your wife and son are out of US and not going to use AP then they can stay out and no limit, if they have filed I-485 with you and used EAD then they have to enter before AP expires and will use AP. If have valid H4 Visa sticker in the passport and have not used EAD in US they should enter any time before H4 visa in the passport expires. No limit of time to stay out of US for your wife and son. Your lawyer is wrong or your questions are not clear.
4 if you have used EAD , you will enter on AP before AP expiry date
5 even if you have used EAD and your spouse and son have not used EAD for work they should enter on valid H4 visa, if have valid AP and H4 expired then they can enter on AP before the AP expires. No such limit of 1 month or 2 month.
If that is correct then you have to use AP because you have used EAD for work, if EAD is not used you can enter with valid H1Visa sticker
2. Your wife and son :if they have valid H4 in the passport and have not used EAD for work in US they can enter on H4 visa, if they have used EAD for work in US then they have to use AP, they have to reach US before AP expires
3 if your wife and son are out of US and not going to use AP then they can stay out and no limit, if they have filed I-485 with you and used EAD then they have to enter before AP expires and will use AP. If have valid H4 Visa sticker in the passport and have not used EAD in US they should enter any time before H4 visa in the passport expires. No limit of time to stay out of US for your wife and son. Your lawyer is wrong or your questions are not clear.
4 if you have used EAD , you will enter on AP before AP expiry date
5 even if you have used EAD and your spouse and son have not used EAD for work they should enter on valid H4 visa, if have valid AP and H4 expired then they can enter on AP before the AP expires. No such limit of 1 month or 2 month.
Last edited by a moderator:
1. When H1 holder user EAD automatically dependents (H4) will also looses there H status (H4 can not stand independently ). Your wife and son can not use H4.
2. To enter the US with Advance Parole there certain thing you have do at time exit. You need to give a copy of AP at the gate and they will stamp on other copy. While entering you need to show that copy. If your exit was with AP then only you can enter with AP. (If you do not have H1 and did not give your AP at the exit it is as good as abandoning Adjustment of status)
I think your wife and son went on AP. Better not to for more then six months. Otherwise their might be some other problems.
Bottom line is If you Use EAD dependents will also loose their H4 status. We are all just like you. Just do not depend upon these forum things. Get good idea from Jackson or Jim they will help you out. Otherwise consult some attorney
2. To enter the US with Advance Parole there certain thing you have do at time exit. You need to give a copy of AP at the gate and they will stamp on other copy. While entering you need to show that copy. If your exit was with AP then only you can enter with AP. (If you do not have H1 and did not give your AP at the exit it is as good as abandoning Adjustment of status)
I think your wife and son went on AP. Better not to for more then six months. Otherwise their might be some other problems.
Bottom line is If you Use EAD dependents will also loose their H4 status. We are all just like you. Just do not depend upon these forum things. Get good idea from Jackson or Jim they will help you out. Otherwise consult some attorney
Last edited by a moderator:
Thank you all for your suggestions.
1) I came here on H1.
2)Applied for green card . Applied I485. got EAD . working on EAD.
Given finger prints.
Got AP
3) my H1 expired .So I can renter US only on AP.
4) My wife and sons H4 also expired.
I re entered using my AP.
The AP is valid untill feb2004.
But my laywer is telling that we can not stay out side US too long . She tells that I should not stay more than 2 months.
I asked other laywer they say that Its not recomended to stay more than 3 months.
It seems to be there is no clear cut period, which we can stay out side US.
Any way thank you all very much for your help.
RK
1) I came here on H1.
2)Applied for green card . Applied I485. got EAD . working on EAD.
Given finger prints.
Got AP
3) my H1 expired .So I can renter US only on AP.
4) My wife and sons H4 also expired.
I re entered using my AP.
The AP is valid untill feb2004.
But my laywer is telling that we can not stay out side US too long . She tells that I should not stay more than 2 months.
I asked other laywer they say that Its not recomended to stay more than 3 months.
It seems to be there is no clear cut period, which we can stay out side US.
Any way thank you all very much for your help.
RK