Re: Advance Parole

G

GCChaahiye

Registered Users (C)
Hi,

We are planning to file NIW petition.After the filing, we do not plan to travel out of the US EXCEPT to attend interview at the Consulate in India.

I am on H1 and my wife is on H4. Our visas and I-94s expire around June2004.

1.Do we need Advance Parole to attend the interview?

2.If Yes,do we need to apply for Advance Parole simultaneously with I-140/I-485 ??

Thanks
 
Last edited by a moderator:
I think you are confused between I-485 and processing at a consulate overseas.
If you plan to apply overseas at a US consulate for an immigrant visa, then you cannot apply for Advance Parole and you should remain in status until your consular interview.
If you apply for I-485 to adjust status, then you are eligible to apply for Advance Parole. You can file for AP and EAD(if required) along with I-140 and I-485 concurrent filing. In this case you do not have to go to a US consulate for your immigrant visa, you change status to immigrant in the US.
 
nkm,

Thanks for your reply.

Yes, I am very confused over this issue as I am totally new to the Green Card procedure.

Do you mean to say that if we wish to go for CP, then we file only I140 for myself? Do we need to mention in this petition that we need CP?

Then when the I-140 gets approved,they will give us the date of interview in India?

Am I right?

If I file I-140 for myself, then what about my wife? Can you please explain?

Thanks a lot.
 
When you file I-140 you include your wife on that application. After approval BCIS will forward it to the National Visa Center for further processing. NVC will send you a bill for the visa fees (currently at $335 per applicant) and send you a bunch of forms. When you pay the fees and send NVC the filled out form then NVC will forward your application to the designated US consulate.
You wil receive interview dates directly form the consulate.

Expect 6 months between I-140 approval and the case reaching US consulate.
 
Thanks nkm.

More questions:

As I said,my H1B and I-94 expire around June 2004.

Let us assume, in February 2004, I attend interview at consulate in India and my petition gets approved.

Now when I return to USA, what document should I use at the POE? - my green card approval or my H1B?

If I enter on my Green Card, does it invalidate my H1B(which is still good thru June 2004)? Would this in turn mean that I cannot work with my current employer with immediate effect from the date of entry and lose my current job? Or, does my H1B still hold good till June 2004?

And if I use my H1B to enter, does it invalidate the Green Card that has already been approved?

I appreciate your replies.
 
Last edited by a moderator:
When your immigrant visa is approved, US consulate will cancel your H1 and all other non-immigrant visas. When you re-enter, you will use your new immigrant visa, not H1. You do not get green card from consulate, all that you get is an immigrant visa. FYI the immigrant visa is a 8½ X 11 inch sheet with your photo and other info on it. The visa is attached to a sealed envelope that contains all documents relating to your petition. The visa along with the sealed envelope are to be handed over to an immigration inspector when you enter US.

Once you are admitted, the inspector will stamp a temporary green card status in your passport. Once stamped you are a permanent resident from that day onwards. This stamp has the same value as the real green card(which will arrive in 1-3 months). You need to show this stamp to your employer who will update his records. Your employment is not affected by this transition from H1 to green card.

If you have more questions, feel free to post!
 
If I file I-140 say by September 1st, 2003, and opt for CP, approximately when do you think we will get the interview call?

Or,if we file I-485, how long would it take under the present conditions, for us to get the GC?

thanks
 
You must log in or register to reply here.
Top