Need travel / Advanced Parole help.

F

faridwidjaya

Registered Users (C)
Hi everyone, I'm new here so please forgive if this question has been asked before.

I & my fiancee currently hold H1-B status. We are planning to get married legally here in US and then go home to Indonesia to hold the ceremony. However, since h1-B visa application takes about 1 month, we would like to look at other options so that we can go back to US immediately.

My questions are:

1. Is it true that we need to have a pending I-485 to be eligible to apply for Advanced Parole?

2. If its true, how long will it take to reach the I-485 status? I was told that this is basically the last step in G.C. application.

3. Are there any other options for us?

Please help. Thank you for the advice!
 
faridwidjaya said:
Hi everyone, I'm new here so please forgive if this question has been asked before.

I & my fiancee currently hold H1-B status. We are planning to get married legally here in US and then go home to Indonesia to hold the ceremony. However, since h1-B visa application takes about 1 month, we would like to look at other options so that we can go back to US immediately.

My questions are:

1. Is it true that we need to have a pending I-485 to be eligible to apply for Advanced Parole?
---yes
2. If its true, how long will it take to reach the I-485 status? I was told that this is basically the last step in G.C. application.
------I-485 is last step of GC
3. Are there any other options for us?
---- Post full details of you and your wife
Please help. Thank you for the advice!
Click to expand...
 
Thanks for the reply! There's not much details about us, other than what I already mentioned:

1. We are still engaged now and plan to get legally married as soon as possible and apply for G.C. together as a couple. Both of us are Indonesian citizens.

2. Both of us are currently working full time under H1-B status. Our H1-B just started this year.

3. We only plan to go home for about 2 weeks to hold the wedding ceremony back home.

Also, you said that i-485 is the last step of G.C, is that the step that take the longest time or is there a long waiting period before we reach that I-485 status?

Thank you!
 
faridwidjaya said:
Thanks for the reply! There's not much details about us, other than what I already mentioned:

1. We are still engaged now and plan to get legally married as soon as possible and apply for G.C. together as a couple. Both of us are Indonesian citizens.

2. Both of us are currently working full time under H1-B status. Our H1-B just started this year.

3. We only plan to go home for about 2 weeks to hold the wedding ceremony back home.

Also, you said that i-485 is the last step of G.C, is that the step that take the longest time or is there a long waiting period before we reach that I-485 status?

Thank you!
Click to expand...
what stage r u? If u r just in H1 then u've long way to go to reach 485 stage
and then get AP. what ur main question? If u just want to travel u can even do
it under ur/her H1.
 
If you and your fiancee both have H-1B stamp in your passports, then there is no need to worry about getting back in the States.
 
fast_gc_seeker said:
what stage r u? If u r just in H1 then u've long way to go to reach 485 stage
and then get AP. what ur main question? If u just want to travel u can even do
it under ur/her H1.
Click to expand...

Yes, we can do it under our H1, but the process will take too long (1 month) and most likely both of us won't be able to get off work that long. It will be nice to do it via AP so that we won't have to wait for the H1-B visa.
 
Is your 485 case pending? If so, it would be easier to save your money. You can still get married at the court and get a marriage certificate, then add your new wife to your pending 485 and get AP for both of you to be on safe side for travelling, then you can go home for ceremony much later.
 
faridwidjaya said:
Yes, we can do it under our H1, but the process will take too long (1 month) and most likely both of us won't be able to get off work that long. It will be nice to do it via AP so that we won't have to wait for the H1-B visa.
Click to expand...
what process will take long? what u want to do with AP and u think
cant be done on H1? please post ur question clearly so people can answer.
 
fast_gc_seeker said:
what process will take long? what u want to do with AP and u think
cant be done on H1? please post ur question clearly so people can answer.
Click to expand...

The process to get H1 VISA from home will take long. We can't leave work that long. With AP, we can process it from US so that we can go back right away without waiting for the H1 VISA.
 
faridwidjaya said:
The process to get H1 VISA from home will take long. We can't leave work that long. With AP, we can process it from US so that we can go back right away without waiting for the H1 VISA.
Click to expand...

Ur first post says following

faridwidjaya said:
I & my fiancee currently hold H1-B status
Click to expand...

Its getting confusing. Do you have H1 or not? If u r already on H1 then why you need to go back home and get H1 again?

Also like I said before you can apply for AP only if your 485 is in progress.
 
haha... sorry if this is getting confusing :rolleyes:

We both have H1-B status (working permit), but not the H1-B VISA which we will need to re-enter US. The only reason we need to go back home is for the wedding ceremony, thus we will need to apply for the VISA to go back.

Yes, I know that AP requires pending 485. Anyone knows how long will it take since the start of G.C. application to reach pending 485?
 
faridwidjaya said:
We both have H1-B status (working permit), but not the H1-B VISA which we will need to re-enter US. The only reason we need to go back home is for the wedding ceremony, thus we will need to apply for the VISA to go back.
Click to expand...

what do u mean by that? I guess u r saying you've just H1B approvals
and its not stamped in passport. isent it? I dont know about your counrty
but in my country[India], the H1B stamping dosent take time.
 
If you haven't started a GC process, then it will take more than 1 month to get to I-485. The first step is to get a labor certification approved. This will take at least 6 months if your company hasn't advertised yet.
 
c514468 said:
If you haven't started a GC process, then it will take more than 1 month to get to I-485. The first step is to get a labor certification approved. This will take at least 6 months if your company hasn't advertised yet.
Click to expand...
one month to get 485 :) U must be kidding
 
faridwidjaya said:
Yes, I know that AP requires pending 485. Anyone knows how long will it take since the start of G.C. application to reach pending 485?
Click to expand...

There are many factors for timetable - category of EB based GC (EB1/EB2/EB3), the area you live or your company is going to start your GC, competence of your attorney and the simpicity/complexity of your case. In EB1 you don't need very first of step of GC - that is labort certification.

You will get enougn info from this site:
http://www.immihelp.com
 
fast_gc_seeker said:
what do u mean by that? I guess u r saying you've just H1B approvals
and its not stamped in passport. isent it? I dont know about your counrty
but in my country[India], the H1B stamping dosent take time.
Click to expand...

Yupe. you're right. Only H1B approvals and its not stamped in passport. It will take 1 month, sometimes much later to get it stamped back in Indonesia..

one month to get 485 U must be kidding --> longer?
 
faridwidjaya said:
Yupe. you're right. Only H1B approvals and its not stamped in passport. It will take 1 month, sometimes much later to get it stamped back in Indonesia..

one month to get 485 U must be kidding --> longer?
Click to expand...
ofcourse it will take long time to apply for 485 if you havent began the first step also.
It all depends on how long the first step[LC] takes, then you'll have to apply for
140. You can apply for 485/AP along with 140.
 
c514468 said:
The first step is to get a labor certification approved. This will take at least 6 months if your company hasn't advertised yet.
Click to expand...

That depends on the area. In some are of USA it takes upto two years for EB3 category. If you see non-RIR schedule, some states are still processing 2002 LCs.
 
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