Need Advice to file Advance Parole

[dolly09]

Hello,

We file 485, EAD with Receipt date as 2nd july we did our finger printing today i.e. 19th sept...not yet filed AP....attorney says its upto us to decide whether we need to file AP right now or not...need advice on the same..how important it is and when is the right time to file the same.....H1 extension is valide till 2010..will be travelling to India in April 2008...dont have valid H1B stamping....

Also what will happen now since we finished the Finger printing appointment??


Any Help is appreciated!

Thanks in advance!

PD: Sept 2003
Labor/140: CLeared
485 filed: Nebraska Service Center
Fingerprinting: 19th Sept07
AP: not filed

 

[ajasha]

If you need H1 stamping than it is a good idea to have AP as backup. Although it is optimistic but what happens if your 485 is approved after you leave the country and before Visa Atamping. Then Embassy or Consulate will not stamp visa becuase you are permanent resident. Airline will not let you board w/o papers.

2nd reason-my friend went to canada recently. he has stamped H1 and his Advance Parole was approved. but he didn't have his advance parole with him. Immigration Officer didn't let him enter on his stamped visa. I had to go to his home, get his AP and faxed him the copy. Then IO let him enter on AP.

So it is a good idea to have AP approved if you are planning to travel outside of US. You may choose not to use it.

 

[SIMAR]

Thanks ajasha! this is helpful to me too. I have the similar situation. Can you please help verify if something is different for me as I 485 is filed in July 2007 and I 140 is approved, priority date Feb 2007. Not applied for AP- travel and EAD.H1 valid until 2010. Planning to go to India in Feb-Mar 2008.

Which is better being on H1 or apply for EAD when I 485 is filed and I 140 is approved.
Not applied for AP- travel and EAD.

Does Applying for EAD & applying for AP-Travel are interdependent?

With above scenerio H1 valid until June 2010. I 485 is filed and I 140 is approved.Not applied for AP- travel and EAD.

If I need to travel outside India . What do I need to do when renter into USA.
Apply for H1 visa stamped at Indian Counsalte same way?
Do I need to show any I 140 paper or anything else.

Thanks a lot
simar

 

[ch3zc4k3]

I have similar questions about applying AP while I-485 is still pending. My friend has applied I-485 based on a marriage. At that time, she didn't apply for AP or EAD. She wants to apply for AP now. Is it safe to travel with AP while still being on H1? Does she need to go to a US embassy to get H1 stamp?

Thanks.

 

[gc_chahiye123]

...

2nd reason-my friend went to canada recently. he has stamped H1 and his Advance Parole was approved. but he didn't have his advance parole with him. Immigration Officer didn't let him enter on his stamped visa. I had to go to his home, get his AP and faxed him the copy. Then IO let him enter on AP.
...

use of AP is optional, your friend should have been allowed to enter on his H1 stamping alone...