Using AP

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waitingforDOL

Registered Users (C)
Hi,
My wife is travelling to India on November 15th and want to return on March 15th.
She is having valid H4 visa till Feb 14th ( 6 years expires ) and Advanced Parole till Jan 9th.
My attorney is applying for new AP this month. Can I send the new AP to wife while she was in India. Is this Valid and doesn't impact I-485 processing.
Thanks in advance.
 
No, you cannot do that. She will have to return before the H4 expires - I presume this is stamped on her Passport.
 
Well, she is carrying a valid AP with her to India, but AP will expire on Jan 9th, 2005, while she's still there.

Applying for a new AP while the person is out of the country >> I have no idea about it.

If she can wait till new AP is approved , ~ two months, and then goto India, then she can stay back for an year. Otherwise it would be better if she comes back before Jan 9th, 2005. (or Feb 14th, 2005 in case she has an H4 stamp in her passport valid till Feb 14th)
 
The AP has an address where to be sent - there's instructions on how to get it sent internationally. It's been discussed here that once you have AP, your visa in no longer valid.
 
npnjan02 said:
It's been discussed here that once you have AP, your visa in no longer valid.
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Where has this been discussed?? Please post the source of your statement.

As per my knowledge this is wrong. Just by having AP your visa does not become invalid. Also, even if you use AP, your visa does not become invalid. Only if you switch to EAD does visa become invalid.
 
sertra2002 said:
Just by having AP your visa does not become invalid. Also, even if you use AP, your visa does not become invalid. Only if you switch to EAD does visa become invalid.
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When you have AP this implies that you have a pending case i.e. adjustment of status, which means your visa is no longer valid.

I can't find the thread that discussed this, I think it was about someone going home to India, but then again there's so many threads like this here.

Only my interpretation.
 
npn-
I disagree, having AP does not invalidate H1B.
If you have both AP and a valid H1B, you can use either to enter. Also if you have a valid H1B and a pending AP, you can leave the country and it will not be considered abandoning 485.


From http://www.murthy.com/news/n_favint.html
Case Example for Reentry Using Nonimmigrant Status

A person is in the United States on H1B status. S/He also has an I-485 pending and a request for advance parole filed while in the U.S. Before the advance parole is approved, the person has to travel abroad. S/He may depart the U.S. and reenter in H1B status without abandoning the advance parole request. The advance parole is then available to use for a future trip.
 
kjkool said:
Also if you have a valid H1B and a pending AP, you can leave the country and it will not be considered abandoning 485.
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I agree with this, I've seen someone do it.

kjkool said:
From http://www.murthy.com/news/n_favint.html ...
Click to expand...

I checked it out as well, and if they say so then we should believe them. Anyway, having a visa (and a pending I-485) should be a enough for the immigration officer at the entry point to let you in.
 
I heard we could get Advance Parole from local office within 2-3 weeks,but we have to give a good reason to convince them ..I'm planning to apply for AP from local office so that i can go to india next month. What reason could i give them..
can anyone please suggest
 
kachag-
You are talking about Emergency AP.
Emergency AP is for emergencies only, like death of a close relative. It can be approved in 1 day.
 
I agree with KJKOOL. Usually they are asking for supportive documentation as to why do you the emergency AP.

best of luck,
 
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