travel to India when AP is pending

C

cantstopme

Registered Users (C)
Hello Gurus

I have a valid H1B visa and have applied for my Advanced Parole, which had not been approved. Someone was telling me that there may be a problem and that INS may cancel the 485 application if the AP is pending and I travelled out of the US, while the AP application was still pending. I have travelled out of the USA on Sep 1st and my AP was approved on Sep 9th.

Two questions

1) Is the above accurate ?? - That INS will cause a problem in the 485 application ?

2) My AP is now approved, I still have a valid visa, which one should I use to re-enter the US ??

Thanks much !
 
If you have a valid visa AND you still hold that visa status, then the officer at PoE should admit you on that visa instead of AP.
(Even if you show both the visa & AP)

Be sure to carry the original of the 485 receipt notice for all travelers.
 
case 1) NO AP

If u have valid H1B stamped on PP then u can enter with ORIGINAL 485 receipt. Check instructions on AP form which clearly demonstrates purpose
of AP and exceptions to H1B holders.

case 2) Having AP

If u have AP then show it at airport and enter using AP.

Hope this helps.
 
fast_gc_seeker said:
case 1) NO AP

If u have valid H1B stamped on PP then u can enter with ORIGINAL 485 receipt. Check instructions on AP form which clearly demonstrates purpose
of AP and exceptions to H1B holders.

case 2) Having AP

If u have AP then show it at airport and enter using AP.

Hope this helps.
Click to expand...
No -- per a memo from INS, even if you show a valid AP and a valid visa, the POE officer would have to let you know that AP is not required and admit you in the visa classification.

But maybe if you insist, they will admit you in AP.
I don't know a reason why you would want to insist that you be paroled in though !
 
max2k1 said:
If you have a valid visa AND you still hold that visa status, then the officer at PoE should admit you on that visa instead of AP.
(Even if you show both the visa & AP)

Be sure to carry the original of the 485 receipt notice for all travelers.
Click to expand...

Hello max2k1
Thanks for your reply.

What do you mean by "original" 485 receipt. My company scans them and sends them by email and hence I do not have the original ones. Can you please clarify this.

Thanks much !
 
cantstopme said:
Hello max2k1
Thanks for your reply.

What do you mean by "original" 485 receipt. My company scans them and sends them by email and hence I do not have the original ones. Can you please clarify this.

Thanks much !
Click to expand...
Original as in the real original paper receipt.

My lawyers and lawyers of most of my friends insist that you need to have the original when you want to re-enter using H/L visa.

Its not needed if you want to enter on AP though.

Typically, the attorneys should send you the original if you request it for travel.
-- Its not scanned/photocopy etc .... its the real deal that came to the attorney from USCIS
 
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