Questions on filling out Advanced Parole form

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CRobertNew Member
Topic author
Posts: 2
Joined: 22 Jun 2009

Questions on filling out Advanced Parole form

Post Mon Jun 22, 2009 9:01 am

Hello,
I'm new to the forum and looking for a little help as I navigate the immigration system. I've lived in the US (New York City) going on 10 years, progressed from TN-1 to my second H1-B with EAD and am currently waiting on my Green Card (EB-3 level), the adjustment for which was filed in '07. Now I need AP in order to travel.

I have the I-131 form and am unclear on Part 1, section 3, where it asks "Class of Admission". What are they looking for here?

In Part 7, they want you to explain how you qualify for an AP and the circumstances that warrant the issuance of it. Is it sufficient to say wishing to visit family and friends on vacation or do you need more specific reasons than that?

Thanks,

CR
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Questions on filling out Advanced Parole form

Post Mon Jun 22, 2009 4:12 pm

Why would you need AP if you're in the US on an H visa? H visas are multiple entry, regardless if you have applied for adjustment of status.

Unless your H1B has expired, you shouldn't need the AP.

Class of Admission is the status you currently have that allows you to be in the US.

What qualifies you for AP is the adjustment of status application actually, and that you intend to settle in the US as a permanent resident. The AP document is actually to allow you back into the country, not to allow you to leave.

I still don't think you need it though.
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CalGreenCardCanuckAbroad VIP
Posts: 245
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Joined: 16 Feb 2008

Re: Questions on filling out Advanced Parole form

Post Mon Jun 22, 2009 7:35 pm

Reba wrote:I still don't think you need it though.


Can the principal continue to re-enter on H-1B if the derivative (eg the spouse) exercises the privileges of an EAD and works? I thought after that point EVERYONE had to use AP/EAD but I could be mistaken. The principal often stays in the same job until after GC but the spouse very often is anxious to begin work using the EAD and their newfound employment freedom.
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RebaModerator
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Joined: 16 Jul 2004
Location: North Carolina

Re: Questions on filling out Advanced Parole form

Post Tue Jun 23, 2009 4:10 am

Their current status is still valid until they have their green card in their hands though, or until the expiration date on the I-94. H visas are multiple entry, and should not need AP for travel.

The only reason someone should need AP is if they entred the US on either visitor status, K1 fiancee status, or some other which is expired, and have applied to adjust.

Call and make an INFOPASS appointment at a local district office and ask an Immigration officer if you're unsure.
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CRobertNew Member
Topic author
Posts: 2
Joined: 22 Jun 2009

Re: Questions on filling out Advanced Parole form

Post Tue Jun 23, 2009 9:13 am

I've been told that now that I have both the H1-B and EAD that I am now considered to be working under the EAD and therefore need AP. In other words, getting the EAD has superseded my H1-B.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Questions on filling out Advanced Parole form

Post Tue Jun 23, 2009 5:02 pm

No idea. I'll suggest again that you make an INFOPASS appointment and speak with someone who knows the law specifically.

https://infopass.uscis.gov/info_en.php
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lawsrlawsCanuckAbroad VIP
Posts: 211
Joined: 28 Jun 2009

Re: Questions on filling out Advanced Parole form

Post Sun Jun 28, 2009 5:14 pm

If you ar still a valid H working for the same company, you do not need an I512L Parole (AP). The law clearly states that h's and L's in good standing, are exempt.
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