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Emergency advance parole - I512

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  • Emergency advance parole - I512

    Hi,

    I have downgraded to EB3 last october 2020 and my I -131, I 485, I-765 is still pending status. My final action date is current (July 13 2013 EB3). My H1 was approved in August 2021 but my current H1B visa is expired.

    I had an emergency and had to travel to India and spoke to USCIS (infopass) and got an appointment and was issued I-512 based on my pending adjustment status for travel. This is valid until November 1 2021 (2 months). FYI, my both US born kids and wife are currently in USA.

    I dont think there are any consulates opened in india for H1B stamping. I was told that i can use the I-512 without the need to have a visa to return to USA. How far is this true? Will there be any complications or any issues with the current travel restriction.

    Is there a possibility to get my visa stamped for any good reason from any consulate in India?

    Any help answering these questions much appreciated.


  • #2
    The whole point of Advance Parole is to allow you to enter the US without a visa. If you could get an H1b visa, you wouldn't even need Advance Parole.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Advance Parole is permission to enter before you leave the US so you are "pre-authorized" to re-enter. You don't need a visa and they cannot deny you entry but you will most likely be sent to secondary screening (like with most people entering with AP cards) but its not anything to worry about.

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      • #4
        Great. Thank you so much for your response. Are there any travel restrictions while you are on AP (I - 512)

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        • #5
          Hi,

          Are there any travel restrictions while you are on AP (I - 512) because of this COVID. If there are, how do i get back to USA as my I - 512 is valid only until november. Please help.

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