question on AP...advice requested

I

immiadvice

Registered Users (C)
I am currently working on H1 (NO visa in the passport)
I have applied for my advance parole back in october (140/485/EAD applied in September). So far I have received only EAD approval. AP is still pending...almost 3 months now..I am planning to travel to India in later half of March for my sisters wedding. Following are my questions:

1. If i dont receive my AP till March (which will be almost 6 months to my application), can I go and pick it up from the local INS office...I know and have read about interim EAD but dont know about AP

2. If I leave before AP approval, and if it gets approved while I am in India....is that any problem regarding able to use that AP in future...I have heard different arguments...some saying only AP becomes invalid and cannot be used in future...some saying 485 application is considered abandoned...if someone can please reply or refer to a link where i can find info on the same

3. Assuming if i get my AP and use it to reenter but still keep working with the same employer on H1 (no stamp in passport), what will be the validity of my new i94..dates will be till the validity of my AP or my H1 approval....

4. Say if my new i94 is valid till my AP, do i have to go out of the country to get new i94 on the expiry of old one...my H1 approval will still be valid....

5. whats the status of my spouse who is currently is maintaining H4 (No visa in passport) if i use AP to enter the country...

thanking you all....
 
1. 2-3 weeks before your travel if you havent got the AP, go to local BCIS office and apply for a fresh AP (there is no interim AP- so no threads) . Find out what is the policy for walk ins in your local BCIS office.
2. No with any kind of valid AP you can enter US. Since AP is always done with secondary inspection ( a supervisor reviews the docs) , a valid AP cannot be denied entry into US, unless there is an illegal time in your past.(245i )
3. With I485 pending you dont have to worry about I94 dates.
4. No
5. There are many heartburn issues regarding spouses. Usually the dependents are left out in this radar. They are supposed to get H4 extension along with the H1 approval. Somehow the primary applicants dont think it is worth it. So now the problem starts.
The best answer I can come up with is this:- better apply for AP for your dependents so that they can fall back on it if H4 is not recognized for an emergency travel...
 
thank Jaxen very much for your prompt reply.
In reply to question #, you have mentioned "with 485 pending i dont have to worry about i94 dates". I want to maintain my H1 status when i come back....i am planning to have AP in hand before leaving so I can use as backup if any problems in H1 stamping in India....

So after expiration of i94, can I still continue with H1?? (dont wont to use EAD till 140 approval)....
Interesting version from my lawyeris mostly they dont issue new i94 when entering using AP and even if they issue new i94 they dont put expiration date on it...i have never heard anything like this before...is continuing on H1 possible (with 140/485 pending) without i94 (or valid i94)??????

My spouse will also be travelling with me...and I have applied AP for her along with me....but i was wondering if I use AP to enter will she be still on H4????

please clarify these...appreciate all the help....
 
thank Jaxen very much for your prompt reply.
In reply to question #3, you have mentioned "with 485 pending i dont have to worry about i94 dates". I want to maintain my H1 status when i come back....i am planning to have AP in hand before leaving so I can use as backup if any problems in H1 stamping in India....

So after expiration of i94, can I still continue with H1?? (dont wont to use EAD till 140 approval)....
Interesting version from my lawyeris mostly they dont issue new i94 when entering using AP and even if they issue new i94 they dont put expiration date on it...i have never heard anything like this before...is continuing on H1 possible (with 140/485 pending) without i94 (or valid i94)??????

My spouse will also be travelling with me...and I have applied AP for her along with me....but i was wondering if I use AP to enter will she be still on H4????

please clarify these...appreciate all the help....
 
I believe these links will answer lot of your questions/concerns regarding AP/EAD/H1

http://www.murthy.com/UDnewins.html

http://www.immigrationlinks.com/news/news301.htm
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html


If you don't get your AP before your trip, just go to the local USCIS office and apply for Emmergency AP. You will need to proove that you have an emmergency though. Lot of people get Emmergency AP when they proove that their family members back home have medical conditions. However, I strongly believe that happy ocassions, like marriages, also warrant an Emmergeny AP.

I was in the same boat as you were. I had no H1 stamp on my passport. I had come here on F1 and got H1.
I applied for my AP as a back up to re-enter.
When you fill out your visa form, make sure you check that an immigration petition has been filed by your employer.
The consular at the Mumbai consulate asked me only one question (while on OPT, if I worked for the same employer who filled my H1)
The consul was really nice, just make sure you greet them and talk with them friendly. Ask them how their day is going, it helps a lot. Trust me.
 
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