Urgent - Travel without AP Approval in Hand.

S

Sumita1980

Registered Users (C)
Everyone,

First of all let me commend everyone on the fantastic practical advice being provided on this website. Secondly, I come to you all in need of some guidance.

I am on an H1b visa and work as an auditor. I do not have the visa stamped because my I-485 employment based AOS is pending and I have been using an advance parole document for the past few years.

I applied for my AP renewal on 06/16/07 at the Nebraska Service Center and I hope it is approved by the first week of September. I have to travel internationally on Sept 7th and my current AP will have expired by then. I will be out of the country for a month.

Can I travel without my approved AP and have someone Fedex it to me when it is approved and then return to the US using it? Or does my departure abandon the application even though I have a valid H1 but not a stamp.

I have to travel at all costs and not doing so could jeaprodize my career.

Please guide me.

Sumita
 
Hi,

We are in same situation. We enquired both USCIS and Customs & Border Protection agencies - both of them mentioned that we can Fedex the document. So we are going to go on a trip.

Since you also have H1b visa, you do not have to worry at all.

Cheers,
-AF
 
Last edited by a moderator:
Hi,

You surely can travel to india without approved AP in hand since you have valid H1B visa. When returning, you can use either H1 or AP - your choice. But once you use AP, then you cannot use H1 again.

Cheers,
-AF
 
No H1

AirForce1 said:
Hi,

You surely can travel to india without approved AP in hand since you have valid H1B visa. When returning, you can use either H1 or AP - your choice. But once you use AP, then you cannot use H1 again.

Cheers,
-AF
Click to expand...

Hi AF,
I'm in a similar boat.. but no H1B (already travelled on 1st AP). Any thoughts?
 
Thank you everyone for your reply. I just got an RFE on my AP so I dont know what that is about. I have to make a decision in the next few days and just wanted one thing clarified. I have an H1 Visa but it is NOT STAMPED on my passport. I have the paper notification valid for a couple of more years. Incase I leave the US before my current AP is approved and wait for the approval abroad can I reenter using it even though it was approved when I was out of the US.

Based on my understanding I can leave and enter on my AP because I have an H1. My ony qualm is that my H1 is NOT stamped on my passport. Does not make a difference or not.

Someone please help me out here.

Sum

AirForce1 said:
Hi,

You surely can travel to india without approved AP in hand since you have valid H1B visa. When returning, you can use either H1 or AP - your choice. But once you use AP, then you cannot use H1 again.

Cheers,
-AF
Click to expand...
 
Hello All,

I am in same situation as you all. In my case my wife and kiddo have to travel, i will wait for the renewed AP and carry it to them and get them back.

But i heard that if you apply for your renewal of AP and go out of the country then your AOS will be considered as abandoned.

If you know anything more kindly let me know. One of the USCIS agent said when you apply your AP renewal you need to be physically be present in the country. But another agent said you need to wait get the AP and then go out or else uscis will consider you AOS as abandoned.

Who is right and who is wrong? Kindly help by telling which is right.....

Appreciate your help with this regard.
 
supa_sp said:
Hello All,

I am in same situation as you all. In my case my wife and kiddo have to travel, i will wait for the renewed AP and carry it to them and get them back.

But i heard that if you apply for your renewal of AP and go out of the country then your AOS will be considered as abandoned.

If you know anything more kindly let me know. One of the USCIS agent said when you apply your AP renewal you need to be physically be present in the country. But another agent said you need to wait get the AP and then go out or else uscis will consider you AOS as abandoned.

Who is right and who is wrong? Kindly help by telling which is right.....

Appreciate your help with this regard.
Click to expand...

I am in the same situation. My understanding is:

1. If you leave US without an appproved AP, your AOS might be abandoned. This does nothing with your H-1; So wait till AP approved, then travel.

2. If you have a valid H-1 visa but no stamp on your passport, then you will have to apply for H-1 visa outside US, this might be risky. I won't do so, that is why I have postponed my business trip several times..

3. On AP form, it asks your address in foreign country indicating you can submit your application and wait for approval ourside US, but my attorney told me that I should wait in US till AP get approved.
 
I think there is an option of getting emergency AP from the locak USCIS office on emergency events. Check with USCIS
 
Bottom line: Unless you are on an H or L visa, do not leave the US before your advanced parole has been approved. The practice of traveling while the I-131 is still pending, and sending/carrying the documents abroad upon receipt, is unlawful. Although some people have been able to get back to the US this way, it is very risky, and entry can lawfully be denied.

If you have proof of an emergency (hospital records, obituary, etc), then as clvcom said, you can attempt to obtain an expedited AP by making an INFOPASS appointment and making the request in person at the closest USCIS service center.
 
You must log in or register to reply here.
Top