Using Advance Parole on Spouse's I-485 pending case

[vasanthirao2005]

Hi All,

I am planning to go to INDIA on Advance Parole. This Advance parole is on my Husband's(as Primary Applicant and me as dependent) I-485 case pending.

I am working on H1B and have also filed GC (me as Primary Applicant and my Husband as dependent). I am on 6th year of H1B. Labor and I-140 approved. Waiting to file I-485 after becoming Current.

Here is my question.

Please someone let me know will there be any problem at POE in USA if I go on Advance Parole? This parole was approved based on my Husband's pending I-485 case. Will my H1B still be valid after entering in USA on AP and can file my 7th year extension based on my GC ? What documents will they ask at POE ? Showing H1B and AP is OK.

Thanks & Regards

 

[techy2468]

from what i know......as soon as you use AP, your status will change....that means you will have to use EAD after that....

lets wait for others opinion

 

[TheRealCanadian]

as soon as you use AP, your status will change....that means you will have to use EAD after that....

The Cronin Memorandum says otherwise.

Is the original poster using her Husband's AP, or her own? Does she have a pending I-485?

 

[ginnu]

Hi All,

I am planning to go to INDIA on Advance Parole.
---------------You dont need Advance Parole to enter India, Advance parole document is for entry to US
This Advance parole is on my Husband's(as Primary Applicant and me as dependent) I-485 case pending.
----------------------- do you mean that AP has your husband name on it?
if YOU have filed derivative I-485 and the AP is approved for YOU and it has your name on it then you can use that AP for entery to US before the AP gets expired. always post full details so that others can understand your situation
I am working on H1B and have also filed GC (me as Primary Applicant and my Husband as dependent). I am on 6th year of H1B. Labor and I-140 approved. Waiting to file I-485 after becoming Current.

Here is my question.

Please someone let me know will there be any problem at POE in USA if I go on Advance Parole?
------------- you DONT go on Advance Parole you enter on Advance Parole at POE
This parole was approved based on my Husband's pending I-485 case.
---------- do you mean you also filed I-485 and then got your AP? if Yes then you can use that AP
Will my H1B still be valid after entering in USA on AP
-------------- if you enter US on AP and still working with the same employer who filed your Latest H1 then you will be on H1 status and can file H1 extensions
and can file my 7th year extension based on my GC ?
------- if you have GC why to file H1? your employer CAN file H1 extension based on LC or YOUR I-140 approval
What documents will they ask at POE ?
----------- if you have Valid H1 B visa stamp then enter on H1 status and no need of AP, if H1stamp is expired then show AP at POE
Showing H1B and AP is OK.
---------read above and in future always give full details so that others dont have to guess your situation
Thanks & Regards