travel or not??

H

hgc

Registered Users (C)
I am working on H1 and have both AP/EAD but never used them.
My wife is working on EAD and have used AP before.

We are planning to travel to Canada in Sep. Both of us will have a valid AP.

Our interview is scheduled in November.

1. Is there a problem in travelling to canada? I will be travelling much less than 30 days.

2. Since Interviw is in Nov, is there a binding that i can not travel if I have interview scheduled?

3. If travelling is okay, what should I use? I have H1 or AP choice? My wife will be using AP since she is working on EAD.

Please share your opinions.

Thanks
 
use AP

I have done the same thing in the past. I have a valid H1 & also AP/EAD and my spouse has valid H4 but she is using her EAD. I have used AP before and it is not a problem at all.
Go ahead and use it and I do not see any restrictions for its use based on pending interview.

Good luck
-gc0902
 
Help needed on Advance Parole

Dear community,

My wife has an approved "Notice of Action" for her L-2 while under AOS (I am the primary applicant and is on L1-B visa). She needs to travel to US Consulate at Vancouver, BC to apply her L2 and have her passport stamped.

I want to make sure I covered all bases for fear that the officer there may deny approving her L2 and stamping her passport. SInce her AP has expired several months, I would like to apply an AP for her.

My questions are:

a) Is it necessary for her to apply for an AP just in case my fear mentioned above happens?
b) Assuming (a) happen, will she still be able to re-enter US based on approved AP?
c) Can she apply AP on her own instead of getting my company attorney to do that? How much will be the cost, how long will it take before she can get an AP, what forms to fill, where to file application, etc.

Any replies is greatly appreciated.

Thanks in advance.
 
hgc said:
1. Is there a problem in travelling to canada? I will be travelling much less than 30 days.
Click to expand...

Shouldn't be. Make sure you can enter Canada - you might need a visa.

2. Since Interviw is in Nov, is there a binding that i can not travel if I have interview scheduled?
Click to expand...

No.

3. If travelling is okay, what should I use? I have H1 or AP choice?
Click to expand...

If you can re-enter on the H, it's probably quicker and simpler. Keep the AP in reserve in case there's an issue with the visa stamp or anything like that.

I think you can re-enter the US with an existing H stamp provided you were in Canada for 30 days or less and did not apply for a visa while there and have it rejected. This is foreign turf for me, so double check - but again, you have AP in reserve.
 
kclee60 said:
She needs to travel to US Consulate at Vancouver, BC to apply her L2 and have her passport stamped.
Click to expand...

Why? She's in L-2 status already.

a) Is it necessary for her to apply for an AP just in case my fear mentioned above happens?
Click to expand...

If the consulate refuses to grant the L-2 visa, then she's not coming back unless she gets AP.

c) Can she apply AP on her own instead of getting my company attorney to do that? How much will be the cost, how long will it take before she can get an AP, what forms to fill, where to file application, etc.
Click to expand...

Of course - just fill out the I-131 and provide a copy of the I-485 receipt. Filing fee is $170 or so. No need for an attorney.

However, the broader question remains - why does she need a stamp now?
 
Thanks Canadian for your speedy response.

The reason why I got my wife a L2 is an insurance policy in the event my I140 appeal is turn down again. This will guarantee both myself and my wife legal status till end 2006 when my L2 runs out.

DO you know how long it will take to get the AP once I131 is filed? Can we file it at the local CIS office in california or at the NSC where our I485 was filed?

Thanks.
 
kclee60 said:
The reason why I got my wife a L2 is an insurance policy in the event my I140 appeal is turn down again. This will guarantee both myself and my wife legal status till end 2006 when my L2 runs out.
Click to expand...

Yes, but why do you believe she needs the stamp? She is already in L-2 status.
 
You will need to file for AP at the service center where her 485 is pending. They will need you to attach a photocopy of pending 485 application. Make sure you have that before you apply. You will need to fill form I-131. It usually take 2-3 months to get AP. I got mine in exactly 59 days from filing at VSC.
 
Thanks Dazzling, Canadian.

I cant comprehend why it takes 3 months to get AP. Since we filed at NSC, that means we have to sent the AP application to NSC? Can we do it in California since this is where we live now?

I have downloaded Form I-131. Under Part I, Q.3 "Class of Admission", what should I write in this section?

Also Part 7 require us to attach a separate sheet of paper explaining why she will qualify for "advance parole". Can I put in the real reason is to apply for her L2 at the Vancouver consulate office and using the AP as a back up in the event her L2 is not stamped?

TO Canadian,

My wife originally was on F visa but when we filed jointly our I140/I485, her F status is no longer valid. Then came the crushing news late last year that my I140 was denied. And becoz of that our 485 is also invalid. We then filed an appeal and to prevent any problems, I got my L1 extended and applied L2 for my wife. But INS changed their ruling and said that even though she has an approval notice for L2, they cannot process her application here but have to do it either in her home country or at a US embassy outside USA.

Regards,
 
I cant comprehend why it takes 3 months to get AP. Since we filed at NSC, that means we have to sent the AP application to NSC? Can we do it in California since this is where we live now?
==> No, you have to file at NSC as that is where your I-485 is pending.

I have downloaded Form I-131. Under Part I, Q.3 "Class of Admission", what should I write in this section?
==> Her visa status when she last entered US

Also Part 7 require us to attach a separate sheet of paper explaining why she will qualify for "advance parole". Can I put in the real reason is to apply for her L2 at the Vancouver consulate office and using the AP as a back up in the event her L2 is not stamped?
==> NO !! You have to mention about the pending 485. That is what qualifies her for advance parole.
 
thanks so much serta. one last question. her last status was F1 before AOS, so am I correct to put her status as F1 (AOS)?
 
kclee60 said:
We then filed an appeal and to prevent any problems, I got my L1 extended and applied L2 for my wife. But INS changed their ruling and said that even though she has an approval notice for L2, they cannot process her application here but have to do it either in her home country or at a US embassy outside USA.
Click to expand...

Does her I-797 have an I-94 in the lower right corner? If so, she is already in L-2 status and does not need to leave the US and get a stamp.
 
Real Canadian,

Yes my wife has a copy of I-94 on her I797. But when she forwarded her passport to the INS in US for stamping of her L2, her application was returned with a letter from US Dept. of State - Visa services indicated that she "must apply for a new visa overseas at a US embassy or consulate that process nonimmigrant visa applications". Her original visa was F1.
 
hgc,

would you please tell me the time line of your application? How long it took for you to get interview letter after transfer to Boston office? Why it is scheduled so later? My case is also transferred July 12. I am still waiting for interview notice and date.

Thanks.
 
sertra2002 said:
Also Part 7 require us to attach a separate sheet of paper explaining why she will qualify for "advance parole". Can I put in the real reason is to apply for her L2 at the Vancouver consulate office and using the AP as a back up in the event her L2 is not stamped?
==> NO !! You have to mention about the pending 485. That is what qualifies her for advance parole.
Click to expand...
You should not say the actual purpose of your trip here. A sample letter is available at www.immihelp.com for this purpose. You can use that letter and request a AP for MULTIPLE trips. Then you can use the AP for travelling for any purpose. I do not suggest that you write that you need a AP to travel to get a non-immigrant visa stamp. If you say that your AP may get denied as this may not be a good enough reason. INS does not like people who try to get all documents pertaining to immigration and also want to keep the non-immigrant status handy because to them it looks as if you are a confused individual who does not know if he is a immigrant or a non-immigrant.
 
You must log in or register to reply here.
Top