People with Advance Parole - be careful

N

NS485

Registered Users (C)
http://www.usvisanews.com/memo1875.html

According to a recent posting on the web-site for the American Immigration Lawyers Assocaition (AILA), the days of the "indefinite" parole entry following travel during pending adjustment of status are over. Previously, persons who entered the U.S. using advance parole would be issued an uncapped period of authorized stay, identifying them as "paroled indefinitely."

Now, however, the INS has advised AILA that it has discontinued this practice. Instead, persons who enter the U.S. using advance parole will be admitted for a one-year period of stay only. We await further information from the INS to be better able to determine the implications of this recent change.
 
Nothing New

I have used Advance Parole twice to enter US & each time INS officer permitted a stay for one year only... I don't understand what is new in this or am I missing something !!
 
So what happens if your term of 1 year is up and your case is not yet approved? Do you have to file for an extension or something?
 
You could re_file H1_B after using EAD and AD, provided the H1_B is still within the limit.

My lawyer suggested that before going out of states, apply for an EAD and AP, but also go to consulate to apply H1_B when you are out of country. If you get new H1_B, then don't use EAD and AP, if not, you have no choise, but I knew you can re_apply H1_B after you get EAD and AP, no matter you have used EAD/AP or not. Please talk to your lawyer before taking action though.
 
What if someone does not have H-1B, i.e. H1-B visa expired long ago, and now he is on EAD and AP. Uses AP to travel and come back to the US. At Port of Entry, the officer stamps only one year of valid stay - and let us say, even after one year, his I-485 is not approved, what happens then?
 
As long as your EAD is valid, you are fine

Guys,

Even after AP expires (that mean 1-95 expires??), as long as you have your EAD valid, you are still in status. It is just like H-1 expiration and switching to EAD. I don't see any difference.

Sri
 
NS485

Why are you putting a dought in the Peoples mind..
What are you tring to prove in here..

There is One term which everyone knows and Understand is " AP and EAD renewal"..
What a big deal in it..
 
You don't need EAD

As long as your I485 is pending, your status in the country is legal - you don't need AP, EAD, H-1, H-4 etc. It does not matter how long the I-485 remains pending.

If the person is working, then obviously an EAD or H-1B is required for that and it will need to be renewed yearly (in case of EAD) or upon expiration.

In other words, the "paroled until..." date should have no impact at all. Even after that date passes, the person will have legal status as long as the I485 is still pending. This is automatic and nothing needs to be done about it.
 
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