Originally posted by vipsha
H1 approval notice does not mean you have valid VISA, you need to have valid un-expired VISA on your passport and in past you have done this but not any more.
As far as question about having AP while your H1 VISA is valid on passport ?
I don't think it is necessary.
So true.
Originally posted by vipsha
your friend's wife is safe since when she left US she was having valid AP and while coming back she need to have valid AP which she will be getting sooner or later.
Per instruction from I-131 form
"Another person who is on the U.S may file this application in your behalf. He or she should complete Part 1 with information about himself or herself."
I disagree with your interpretation. The quoted paragraph was taken out of a certain context, which implies a different meaning. Specifically,
Advance Parole Document.
If you are outside the United States and must travel to the United States temporarily for emergent business or personal reasons, you may apply for an advance parole document to be paroled into the U.S. on humanitarian grounds if you cannot obtain the necessary visa and any required waiver of excludability. Parole cannot be used to circumvent normal visa issuing procedures, and is not a means to bypass delays in visa issuance. Parole is an extraordinary measure, sparingly used to bring an otherwise inadmissible alien into the U.S. for a temporary period of time due to a very compelling emergency.
In my interpretation it means that there is no way a normal person can obtain such a document. If someone had a family emergency and had to leave the States without an advance parole, then... tough luck. The paragraph above does not apply.
Then comes the paragraph you quoted:
Another person who is on the U.S may file this application in your behalf. He or she should complete Part 1 with information about himself or herself.
In my interpretation it means that a lawyer (generally, it would be a lawyer, considering the circumstances in which such an advance parole could be issued), while being in the U.S. can actually file I-131 on other person's behalf.
Furthermore, we have the following:
Effect on Travel Before the Travel Document is Issued.
Departure from the United States before a decision is made on an application for a reentry permit or refugee travel document does not affect the application. Departure from the United States or application for admission to the United States before a decision is made on an application for an advance parole document shall be deemed an abandonment of the application.
In my interpretation it means that one should not leave while an application for AP is pending, because it will render the application abandoned and it will be denied down the line.
And the last, but not least...
8 CFR PART 212
Sec. 212.5 Parole of aliens into the United States
...
(c) ... An alien who arrives at a port-of-entry and applies for parole into the United States for the sole purpose of seeking adjustment of status under section 245A of the Act, without benefit of advance authorization as described in paragraph (f) of this section shall be denied parole and detained for removal in accordance with the provisions of § 235.3(b) or (c) of this chapter...
...
(f) Advance authorization. When parole is authorized for an alien who will travel to the United States without a visa, the alien shall be issued Form I - 512.
In my interpretation it means that an advance parole document must be obtained before leaving the States. Otherwise, an attempt to apply for admission will result in removal proceedings (A.K.A. deportation).
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That's it. I hope, I've got it clear this time