H1B and EAD/Advance Parole for EB2

[stuck2012]

I was not able to find what I need so I have to ask my question here. If you help I would appreciate. I had my second extension H1B in USA and went to my home country Turkey for vacation. I had to go to US Consulate to get my passport stamped with my H1B and got "administrative processing" feedback and have been waiting for 7 weeks so far. I have my passport with me since they gave me back without processing anything on it. In the meantime, I got my approval for EAD/ Advance Parole documents for my Green Card (EB2) application. I can have my advance parole cards mailed to me from US to Turkey.

The question is: "can I use Advance Parole to enter to US without waiting for the result of "admin processing"? Do I need to withdraw my visa application? From my research, withdrawal seems to be to get your passport back. But I already have my passport with me.

Thanks

[kabkaba]

The problem is that AP is approved while you are outside the US, you should not have left the US without the AP in the first place. You need to consult an attorney, this is not a straightforward matter.

[stuck2012]

The problem is that AP is approved while you are outside the US, you should not have left the US without the AP in the first place. You need to consult an attorney, this is not a straightforward matter.

My lawyer said that I can use AP if I withdraw my H1B application so that admin processing stops. But since I already have my passport, do I need to do this? What is "withdrawal" supposed to do?

[kabkaba]

You don't need to withdraw.

[stuck2012]

You don't need to withdraw.

And now the question is to wait or not to wait for the end of admin processing. I have not been so lucky about the time of the year too. First it was Thanksgiving and now Christmas time. The pace of the progress is almost stalled.

[stuck2012]

You don't need to withdraw.

Can I use EAD/Advance Parole combo card (I-485 AOS pending) to re-enter USA if I was abroad when AP card is approved/issued? (Assuming my wife in US can mail me my AP card)

The reason of my travel abroad was to get my passport stamped with my H1B (extended in 2010 until 2013). However, I got a admin processing paper back along with my passport and have been waiting for 7 weeks now.

Thanks for the help.