Previous AP expired, need to travel for emergency

D

dream_cc

Registered Users (C)
My previous AP has expired, but I need to travel internationally in 2 weeks. There is definitely not enough time to get another AP in time. My questions are:

1) Should I at least initiate the AP renewal process before I leave knowing the new AP won't come in time?
2) Can I just travel with the expired AP, and seek to get an H1B visa stamp when abroad?
3) My I-94 currently says "Parolee", even if I get an H1B visa stamp, will there be any problems at Port of Entry? Will they give me a new I-94 with "non-immigrant" on it?

Many thanks in advance!! Happy Thanksgiving~
 
If you CURRENTLY have valid H1-B status, you do not need AP (or an EAD). On what basis was the AOS filed? If you do not have current valid H1-B status and travel without AP, your I-485 MUST be denied. There is no discretion in the matter. If still eligible, you could re-file a new I-485 after a lawful return to the U.S.
 
Thanks for responding to my question. I assume I currently hold a valid H1B status. My last entry to the US was June 2009, for which I used AP (hence "parolee" on my I-94). However, I have been working for the same employer after returning using approved H1-B (not EAD). That implies I currently hold valid H1B status, correct?

The AOS was filed under NIW.
 
An H-1, H-4, L-1, L-2, K-3, K-4, V-1, V-2, or V-3 nonimmigrant that is in possession of a valid nonimmigrant visa for reentry into the U.S. need not file for an advance parole document.

Advance parole that is sought to preserve the pendency of an I-485 application must be applied for and granted before the alien’s departure from the U.S.

If the above non-immigrants filed adjustment applications prior to departing the U.S., they need not also have filed for advance parole where they have a valid NIV that may be presented at a port of entry. This of course assumes these same individuals have maintained their status (8 CFR 245.2(a)(4)(ii)(C) and(D)). If, however, they have failed to maintain their non-immigrant status, advance parole must have been granted prior to their departure from the U.S. or their adjustment application shall be deemed abandoned. If an H or L non-immigrant with a pending adjustment application appears at a port of entry and presents both an I-512 and his/her valid NIV, CBP should advise the alien that he or she must choose whether to use the H or L visa or the advance parole document.

SEE ALSO: http://www.uscis.gov/portal/site/us...-0-1/0-0-0-54070/0-0-0-57543/0-0-0-57820.html
 
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