i140wait73
Registered Users (C)
Hi All,
I and my wife have filed for I485.We both have EADs and AP.
My wife left the US before the AP is approved.She was in H4 status when she left but the H4/Hi expired now.Now I am using the EAD to work.
Our AP got approved after she left the US.Now I am going to India on a Vacation and we are planning to use the AP.
How common is the officer at the Port of the Entry denying her entry into the US since there is a law that you can't leave the US when AP is processed.
Has anyone done this before?
No matter what we are going to use AP and try to come into US but just want to see what others think.
Also my 6 years in H1B got over and so I can't go back to H1.
The following is from Murthy's chat and is making me nervous.
Pls post your comments which would make us feel comfortable(or worse )
Chat User : Hi. Does one need travel parole even at the time of leaving the U.S. or only when entering the U.S.? Can it be mailed outside of the U.S.?
Attorney Murthy : Under the law, a person is no longer supposed to depart the U.S. before obtaining the advance parole approval. At the time of entering the U.S., the inspector at the airport has the right to deny the person entry to the U.S. based on the person's having departed the U.S. before having obtained the AP approval. So, it is risky to depart the U.S. before obtaining the AP approval notice.
I and my wife have filed for I485.We both have EADs and AP.
My wife left the US before the AP is approved.She was in H4 status when she left but the H4/Hi expired now.Now I am using the EAD to work.
Our AP got approved after she left the US.Now I am going to India on a Vacation and we are planning to use the AP.
How common is the officer at the Port of the Entry denying her entry into the US since there is a law that you can't leave the US when AP is processed.
Has anyone done this before?
No matter what we are going to use AP and try to come into US but just want to see what others think.
Also my 6 years in H1B got over and so I can't go back to H1.
The following is from Murthy's chat and is making me nervous.
Pls post your comments which would make us feel comfortable(or worse )
Chat User : Hi. Does one need travel parole even at the time of leaving the U.S. or only when entering the U.S.? Can it be mailed outside of the U.S.?
Attorney Murthy : Under the law, a person is no longer supposed to depart the U.S. before obtaining the advance parole approval. At the time of entering the U.S., the inspector at the airport has the right to deny the person entry to the U.S. based on the person's having departed the U.S. before having obtained the AP approval. So, it is risky to depart the U.S. before obtaining the AP approval notice.