Travelling on Advance Parole when I-140 Pending

M

mahi4u

Registered Users (C)
Hi Guys,

I'm planning to visit India 1st week of Jan'06.I got h1b extension but don't have valid visa.I got EAD,Advance parole 18 moths ago and still working on H1b only and never used either EAD or Advance Parole since my I-140 pending.So while comming back from India if i travel on Advance Parole ...is it nothing but using EAD?.And what would be my h1b status...?.

Your suggestions would be greatly appreciated.

Thanks,
Mahi

EB2 Concurrent Filing @ NSC on April'04.
I-140 & I-485 Still Pening :confused: :confused: :confused:
 
Last edited by a moderator:
Hi Mahi,

In case your H1B visa has expired within the 1 year period, get an appointment (on your presence in Jan06) at the US embassy, India for stamping of new H1B visa. Else, you will have to reenter US with a valid AP and as I know, should reinstate H1B status as long as you work for the same employer.

Wishing that your and all long timers' 140 approval comes through in this calendar year.

Good luck.

DIGS
140 RD Apr04
140 AD Oct05

BTW, folks...........it was good to see both bills, S.1932 and H.R.4241 pass in the Senate and House resply. Hope the Reconciliation process takes care of the Retrogression and other issues ASAP.
 
DIGS,

Thanks a lot!.Yeah my h1b visa got expired in 2005,April.As you said i'll take an appointment in India for my new h1b stamping.BTW,i'm working for same employer only.

Thank you!.

Mahi
 
Hi Mahi,

It is good that you are eligible for H1B visa stamping in India. However, in case of any unfortunate issues about the stamping, suggest to also carry a valid AP to re-enter. I suppose you must have got 2nd AP with 1 yr validity or is the one issued 18 months back still valid. I'm new to EAD / AP and have just applied for my 1st EAD & AP, plan to visit India in July-Aug'06.

DIGS
 
NSC -EB2

I-140/485/EAD/AP RD: 7/20/05

I-140 LUD: 7/26/05(self)
AP LUD: 09/30/05 (self,RFE photos received)
EAD LUD: 09/27/05 (self,RFE photos received)

Bio metric: code 3- 10/02/2005 (me & wife)

I-485 LUD: 10/4/05 (self)
I-485 LUD: 10/4/05 (wife)

AP LUD: 09/14/05 (wife, approved)
EAD LUD: 09/21/05 (wife, approved)

11/07/05 - calles USCIS and started enqurity on I140 and it
takes one month to get the feedback)


Any one knows why delay on my I140?


Below is the reply USCIS(received 11/18/2005)


Case type:
-- I140

Filing date:
-- 07/20/2005

Receipt #:
-- LIN-05-222-xxxxx

Beneficiary (if you filed for someone else):
-- name

Your USCIS Account Number (A-number):
-- Axxxxxxxx

Type of service requested:
-- Case Status - Outside Processing Time


The status of this service request is:

The law states that we may only give information to the
applicant/petitioner or the attorney of record. You are the beneficiary of this Form
I-140. Therefore, we are unable to answer your inquiry.

If you have any further questions, please call the National Customer
Service Center at 1-800-375-5283.
 
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