travelling on AP

[programmer76]

Hi,

i've applied for greencard in EB3 category and i'm from India. I have h1 approval I797 notice until 2007. However I dont have the H1 stamp.I'm maintaining my h1 status and still with the same employer who filed my GC.
I've a advance parole which is good until end of 2006.

At present i'm in India. By the time I will come back to USA my stay in India will be more than 3 months. I'm planning to come back on my valid AP. Is there any limit on how many days you can stay in India if you are coming back on AP? Are there any folks in this forums who have stayed in India for longer time and came back using AP?Will there be any problem for me because i stayed more than 3 months in India and coming back using AP?

Gurus please reply.

Thanks

 

[dyingforgc]

Hi,

Is there any limit on how many days you can stay in India if you are coming back on AP?
Thanks

you can stay until AP expires. no rule, no limit. one should return anytime before AP expires otherwise AOS will be considered abandoned.

 

[programmer76]

Thanks dying GC for your reply. I feel better after reading that.

I was scared because i called my lawyer yesterday and he told me that AP is meant for temprorary urgent travel only.because i stayed more time in india, my employer should write a letter stating that i am still employed with him and company needs me and should have that letter while i enter usa.

Is this really needed or my lawyer is trying to be extra cautious? has anyone ever heard about letter like that?