pl help: can I get AP at INS, Miami? my 485 is pending at TSC

desi90210

Registered Users (C)
Is it possible to get AP at local Miami INS center when my 485 is pending at Texas Service center?

My details:

EB3, India, PD:jul 97, 485 RD:Aug25\'99, ND:Oct25\'99, FP:Dec\'99
I got my 1st EAD in Dec99 but never used it. Now I have applied for my second EAD at TSC a month ago and have\'nt got it approved yet. I am still on my H1-B and it expires on 1st of May, 2001.

I and my family(dependents) need to travel to India in the last week of April,2001. Since my H1 is expiring on May1, I need to have AP to get back into US. When contacted, INS says that I can apply only at TSC and not Miami as my 485 applicaiton is pending at TSC and not at Miami. If anybody got AP at Miami, please post share your experience.
I heard that in emergency situations you can get AP at local INS centers. How do we prove to INS that we need it urgently?

I heard that TSC is taking more than a month to approve AP. I don\'t have that much time in my case as I need to travel by April end. Please suggest if there is any other way get AP sooner.

Thanks in advance for your help,
desi90210
 
No Title

You should be able to apply for your AP at Miami itself. My wife had applied for her 485 at TSC but got her Adv. Parole and her EAD from Denver INS. All you have to do is take your passport and 485 receipt notice to the local INS in your case Miami and apply. For Adv. Parole they may ask you to come after 3 days and pick it up by yourself. Atleast that is how it was here in Denver.

Hope this helps.
 
No Title

In fact, u have to apply the emergency AP at your local office, at least that\'s what my lawyer told me last time, i filed my i485 at TSC dallas office, and i went to the houston office to get the AP, they gave me a one-time entry AP the same day, since i already filed another AP. They will ask u to prove it is truely an emergency, such as immediate family medical reason, or important business trip, bring all the recipts u have as well. i had my company write me a letter about an important business trip. One thing i want to mention is don\'t tell the officer u already filed another AP unless he asks u. Because the first time i went there, an officer told me i cannot file 2 AP at the same time, after i insisted, he checked and come back saying i have to wait 90 days after the i485 filing before i can get the AP, so i called my lawyer and he said the law clearly says u can file all the ap at the same time as the 485, so i went back the afternoon, luckily there was another lady officer who didn\'t even ask a thing and gave me the approval.
 
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