Validity of Advance Parole (while I-140's denial notice is in AAO)

R

rajram777

Registered Users (C)
Hello,

NSC sent a denial notice for my EB2 I-140 in April 2008. I had filed a appeal with AAO (1290B) in response and the case is currently pending with NSC.
I have an EAD and Advance Parole which is valid till Jan 2009. I had applied for this and got it, before i got my I-140 denial notice. I am working on H-1B status on 10th year extension.

My question is, i need to travel to India and would like to know, whether i can use my Advance parole for this purpose? When I-140 is in appeal, is the Advance parole still valid? Is their any risk in travelling on advance Parole??
Last year , i had used Advance Parole to travel and didn't face any issue, but at that time my I-140/I-1485 was still in process.

thanks
 
rajram777 said:
Hello,

NSC sent a denial notice for my EB2 I-140 in April 2008. I had filed a appeal with AAO (1290B) in response and the case is currently pending with NSC.
I have an EAD and Advance Parole which is valid till Jan 2009. I had applied for this and got it, before i got my I-140 denial notice. I am working on H-1B status on 10th year extension.

My question is, i need to travel to India and would like to know, whether i can use my Advance parole for this purpose? When I-140 is in appeal, is the Advance parole still valid? Is their any risk in travelling on advance Parole??
Last year , i had used Advance Parole to travel and didn't face any issue, but at that time my I-140/I-1485 was still in process.

thanks
Click to expand...

Technically, when your I140 gets denied, automatcially your I485 , EAD and adv Parole all 3 are denied. So, you should not take the risk fo traveling on a Adv Parole. I am not a lawyer, so this is just my opinion.

Having said that , if you are working on H1B, why are you using a parole ? You should be all ste with your H1B, just curious. Good Luck !
 
<<Having said that , if you are working on H1B, why are you using a parole ? You should be all ste with your H1B, just curious. Good Luck !>>

Because, getting stamping from the US consulate in Chennai is a pain and hassle. I already have the Parole, so i would prefer using it, if it is safe. But, based on the two responses so far, it doesn't seem so. Would like to hear from any other, who have been in similar situation.

thanks
 
The usage of AP will not affect your H1-B Staus, both are 2 different things.

Don't know whether it is safe to travel with AP while I-140 is in denial and appeal got filed, though would like to know from the forum.

From your earlier response it seems it is safe to travel on AP with pending I-140. As i am also planning to travel on AP with I-140 Pending.

thanks,
 
Dear Friends,

As mentioned in my initial post , i got a denial notice for my I-140 in April and an appeal to AAO was filed. It's currently in status of "Appeal/Motion/Certification sent to Administrative Appeals Office for review.".

I am currently working on H1-B, but have Advance parole valid till Feb 2009.
Is this Advance Parole valid? Can i use it for travel to India ? Pls clarify.

thanks
 
cannot use ap

rajram777 said:
Hello,

NSC sent a denial notice for my EB2 I-140 in April 2008. I had filed a appeal with AAO (1290B) in response and the case is currently pending with NSC.
I have an EAD and Advance Parole which is valid till Jan 2009. I had applied for this and got it, before i got my I-140 denial notice. I am working on H-1B status on 10th year extension.

My question is, i need to travel to India and would like to know, whether i can use my Advance parole for this purpose? When I-140 is in appeal, is the Advance parole still valid? Is their any risk in travelling on advance Parole??
Last year , i had used Advance Parole to travel and didn't face any issue, but at that time my I-140/I-1485 was still in process.

thanks
Click to expand...

you cannot use your AP or EAD once ur 140 is denied. I had a similar situation. I had to file for MTR and couldnt travel till the appeal was re-opened
 
You must log in or register to reply here.
Top