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Urgent - Advance Parole not approved - Currently in India

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  • Urgent - Advance Parole not approved - Currently in India

    HI,
    I am on H1b with 8th Year Extension.
    I applied for I-485 in July along with EAD and AP. AP is not received, I got the EAD.
    Due to sudden death of my Father i came to India. My H1B stamping is expiring on Dec-4th. I got the approval till Apr-15. I got the visa appt in chennai on 10th.My wife and kids are in US.

    I have following questions.
    1. Can I travel to US after getting the H1B stamping from Chennai or i need to get AP document to enter US.
    2. Is my AP application still valid?

    Please help me.

    Thanks
    Seshadri
    Last edited by seshuthope; 12-03-2007, 08:23 PM.

  • #2
    You will need to return with a stamp valid H1B visa.

    Your AP is not valid, as you left before it was approved.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

    Comment


    • #3
      Urgent - Advance Parole not approved - Currently in India

      Thank You.
      I just got an email from my lawyer saying that AP is approved on Nov-26. But they didn't recieved the approval notices yet.

      Can i use that approved AP to re-entry US without going for VISA stamping.
      I left US on Nov-24.

      Please let me know.

      Thanks
      Seshadri

      Comment


      • #4
        Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status or applying for an immigrant visa (refugees and asylees). Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the United States.Aliens who have pending applications for certain immigration benefits need Advance Parole to re-enter the U.S. after traveling abroad.
        Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

        Comment


        • #5
          You need to get the H1B stamped.
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

          Comment

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