Travelling overseas without Advance Parole and 485 pending

G

guywithoutgreen

Registered Users (C)
Hi All,

I have my 485/Advance Parole pending however, 140 and EAD have been approved. I have been using EAD since March 2003 till date. the old H1 on my passport expired in march 2003.

I requested my company to get me a new H1 so that I can bring my dependents on H4, I have new H1 approval notice from Oct'2003 to Oct -2004.

Since advance parole is taking so long. My attorney is suggesting me to go ahead with my trip with H1 approval notice and have visa stamping in US consulate New Delhi. advance parole is not needed. Looking into the posts on this forum I am paranoid about the whole situation of travelling without AP.

Is my attorney missing something? I am paranoid of the situation..but I am inclined to persue the suggestion,

Any experiences/ input will be greatly appreciated.

thanks
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As long as you have a valid H1B , you dont need AP to enter United States of America. But, make sure that you get the visa stamping on your passport from the delhi consulate.

Your attorney is correct.
 
As you are using the EAD its good to come back with AP. But you have the H1 approval in hand. You can very well stamp it at US Embassy, New Delhi and come back too.

AP is good as you need not take some time off in your vacation to go to the embassy. People in the forum say H1 is good when God forbid something bad happens to your I485.

As your lawyer advises you can enter US without AP but with valid H1 stamped in your passport. Anyway wait for others to post their views too.

Goodluck
mdu123
 
My attorney told me that that when AP application is pending and if you travel outside US your I-485 may also be denied. It doesn't matter what do you use to come back to US.

I would suggest better check again before you go out.
 
The last post is very confusing.

If you have H1-B visa stamp on your passport and using it to enter US, then why the hell pending AP is so important.

How the officer at the POE will know that someone has a pending AP until u let him know. Even though u tell him, why I-485 will be denied or cancelled.

I guess, pending AP should not affect your entry to US on H1 in anyway.

Please clarify guys....
 
According to my knowledge earlier(I dont know the exact dates) going out of the country when an I485 is pending without an AP was equivalent to abandoning the application. But later the rules were changed to that one can travel with a valid H1 even if an AP application is pending. So no problem.

If I am wrong, please correct me.
 
Thanks mdu123, that makes sense. Old rules might be like that but as per new rules I guess this theory of I-485 and AP relation is no longer true.
 
Thanks Madu123, Jalma, vahope4gc, DOLDelay and others.

My attroney aslo feels that pending AP has no impact on 485 as long as I was physically in the U.S. (and I was) at the time 485 was filed. I'll go with mojority.


Now I feel more comfortable travelling, I hope I should be able to get H1 stamping and comeback.

I'll keep you posted when come back.

very useful forum...keep it up.

thanks a lot.
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