Traveling on Advance parole, please advise

J

javaxmlsoapdev

Registered Users (C)
I am maintaining h1-b status and now traveling to home country after 3 weeks.

My spouse is primary (who has I-551 stamp in passort) and my I-485 is still not approved. I plan to use AP while entering back into country. any advise about what other documents to carry etc?

I have also been reading about some "not-so-clear" doubts about h1-b status after using AP. Since new I-94 will be paroled, Is it true that if I enter US using AP and god forbid I-485 gets denied, I will be out of status (just because I used AP) or how to maintain H1-B without worrying about this situation? (FYI: - I can't go for H1-B staming as no appointments available while I am in home country )
 
javaxmlsoapdev said:
My spouse is primary (who has I-551 stamp in passort) and my I-485 is still not approved. I plan to use AP while entering back into country. any advise about what other documents to carry etc?
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That's it. You might want a copy of the I-485 receipt, but it's not mandatory.

Is it true that if I enter US using AP and god forbid I-485 gets denied, I will be out of status (just because I used AP) or how to maintain H1-B without worrying about this situation? (FYI: - I can't go for H1-B staming as no appointments available while I am in home country )
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You're a derivative beneficiary with the primary already approved, and you're seriously worrying about the I-485 being denied? If you worry this much, I'd advise you not to travel - the plane might crash, or you'll have a fatal accident getting to or from the airport. Seriously, both are more likely than your I-485 getting denied.
 
Thanks for the response.

I have somewhat related, small question:- which I-94 do we need to submit while leaving the contry? We have white I-94, which is not the latest as we both made a road trip to Canada last year(before spouse got I-551) but as you know via road trip US immigration doesn't issue new I-94 so white I-94 is not the latest as we had presented valid h1, h4 visa along with I-94 attached to it.
As a matter of fact I have got even one more extension(just last week) of h1 for me with I-94 attached to it. I believe we should submit white I-94 eventhogh it's not latest right? as this all don't matter while leaving the country but all this matters while entering USA again. And since I will be using AP whilte re-entering this all don't matter?
 
javaxmlsoapdev said:
Thanks for the response.

I have somewhat related, small question:- which I-94 do we need to submit while leaving the contry? We have white I-94, which is not the latest as we both made a road trip to Canada last year(before spouse got I-551) but as you know via road trip US immigration doesn't issue new I-94 so white I-94 is not the latest as we had presented valid h1, h4 visa along with I-94 attached to it.
As a matter of fact I have got even one more extension(just last week) of h1 for me with I-94 attached to it. I believe we should submit white I-94 eventhogh it's not latest right? as this all don't matter while leaving the country but all this matters while entering USA again. And since I will be using AP whilte re-entering this all don't matter?
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--Staple ALL the I-94 (latest at top) and Surrender at airline counter before departure
**Make copy of all the I-94 (front and back) and keep in your immigration file for your future records
 
ginnu said:
--Staple ALL the I-94 (latest at top) and Surrender at airline counter before departure
**Make copy of all the I-94 (front and back) and keep in your immigration file for your future records
Click to expand...
Thanks. Same applies to my spouse too, who has I-551 stamp in passport? 2 I-94s for past H4s and one for I-94 came with H1-B? can you please confirm?
 
javaxmlsoapdev said:
Same applies to my spouse too, who has I-551 stamp in passport? 2 I-94s for past H4s and one for I-94 came with H1-B? can you please confirm?
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Yeah, she should give them all back when she leaves.
 
thanks friends for the response.

I received latest H1-B extension few weeks ago, eventhough I don't plan to go for h1-b stamping and re-enter US using AP(visit already planeed), will I have to submit that (the latest) I-94.

Let's say next year if I go for h1-b stamping but if I don't have I-94 attached to it, would that be questioned or considered as h1-b approval with no I-94(which may make stamping officer think that since my h1-b approval didn't have I-94, I was out of status and give that false impression)? please help in clearing this doubt.

thanks
 
javaxmlsoapdev said:
Let's say next year if I go for h1-b stamping but if I don't have I-94 attached to it, would that be questioned or considered as h1-b approval with no I-94(which may make stamping officer think that since my h1-b approval didn't have I-94, I was out of status and give that false impression)? please help in clearing this doubt.
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You really do worry a lot, don't you?

You tell the consular officer the truth - you returned the I-94 when you left the United States, like you were supposed to.
 
TheRealCanadian said:
You really do worry a lot, don't you?

You tell the consular officer the truth - you returned the I-94 when you left the United States, like you were supposed to.
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thanks again for the response.

I think you are right, I worry too much but since this is an immigration matter and I have heard stories where people put themselves into trouble by violating USCIS clauses unknowlingly. I am already going through never ending GC processing pain and really don't want to invite more pain/troubles. I trust this forum and senior memembers of the forum more than my lawyers.
 
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