Advance Parole (I-131 Applications)

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions advance parole (I-131 applications).    

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[dracu]

Dear Counselor,

I would like to send my child to complete middle and high school in India. We do not want our child's AOS application[She was born in India] to be rejected. She is a parolee now and has a valid EAD/AP card.

The possibility of having my employer apply a new H1-B visa for me and we switching over to the same does not exist. 

Please let me know your thoughts on the Dos and Donts in having them study back home while we are waiting for GC.

a) Can I have her in the US every time I apply for her EAD/AP approval and get the receipt notice in hand before sending her back to India? I understand that she has to travel back to the states with the AP that she has in her hand and not the one that gets approved while she is away. She does have holidays every 6 months and will be able to travel to US.

b) Can we request USCIS citing our reasons ? Do you know/heard of anyone who has done this ?

c) Are there any other suggestions ???

[Ajay Sharma]

Hi,

I have H1B visa as well as AP/EAD on the basis of I-485. I entered US this time using the advance parole (effectively meaning I am working on my EAD based on the status = adjustment of status).

Though my EAD is valid till 2019, when I entered using AP on my passport there is a date stamped for paroled until 7/14/2018.

What is significance of this date? Do I need to renew EAD in 2019 (when it going to expire), or worry about this date of 7/14/2018?

Thanks

[Attorney_22]

On 8/4/2017 at 8:22 AM, dracu said:

Dear Counselor,

I would like to send my child to complete middle and high school in India. We do not want our child's AOS application[She was born in India] to be rejected. She is a parolee now and has a valid EAD/AP card.

The possibility of having my employer apply a new H1-B visa for me and we switching over to the same does not exist. 

Please let me know your thoughts on the Dos and Donts in having them study back home while we are waiting for GC.

a) Can I have her in the US every time I apply for her EAD/AP approval and get the receipt notice in hand before sending her back to India? I understand that she has to travel back to the states with the AP that she has in her hand and not the one that gets approved while she is away. She does have holidays every 6 months and will be able to travel to US.

b) Can we request USCIS citing our reasons ? Do you know/heard of anyone who has done this ?

c) Are there any other suggestions ???

It may be best to call our office to speak to one of our attorneys directly, however the current trend is, upon departure while an AP application is pending- the application will be denied. This occurs even when the applicant has a valid AP document at the time of departure.

We will be publishing an article on this topic shortly.  

[Attorney_22]

On 8/4/2017 at 1:03 PM, Ajay Sharma said:

Hi,

I have H1B visa as well as AP/EAD on the basis of I-485. I entered US this time using the advance parole (effectively meaning I am working on my EAD based on the status = adjustment of status).

Though my EAD is valid till 2019, when I entered using AP on my passport there is a date stamped for paroled until 7/14/2018.

What is significance of this date? Do I need to renew EAD in 2019 (when it going to expire), or worry about this date of 7/14/2018?

Thanks

Although you entered pursuant to the AP, if you are continuing to work pursuant to your previously approved H1B petition without change, and you have not updated your work authorization as indicated on your I-9, you are considered to still be using the H1B petition. The date on the I-94 record does not shorten your already approved EAD. To discuss this in more detail feel free to call our office to schedule a time to speak with one of our attorneys.  

[DG12]

I have a pending I-485 application. I'm currently working using my EAD and AP. Valid till 01 Dec 2018

my wife is dependent on my application and is working. EAD andAP valid till this year Dec 15 2017

we were planning to travel to Singapore in October first week for vacation. 

Mu question is based on the new information for the 131 denials.

should we 

1. Cancel our trip ( non refundable)

2. Apply only for EAD around August 15 the travel with a valid AP then apply for 131 after we return back

3. Apply EAD and AP upon return ( 60 days prior o expiry) 

 

[Shaheens]

We have a pending 485 application. We have a valid EAD and I-131 till April 2018 - got it in April 2017? Can we travel outside the country and return? and will that affect our GC application? 

[Attorney_23]

On 8/11/2017 at 8:15 AM, DG12 said:

I have a pending I-485 application. I'm currently working using my EAD and AP. Valid till 01 Dec 2018

my wife is dependent on my application and is working. EAD andAP valid till this year Dec 15 2017

we were planning to travel to Singapore in October first week for vacation. 

Mu question is based on the new information for the 131 denials.

should we 

1. Cancel our trip ( non refundable)

2. Apply only for EAD around August 15 the travel with a valid AP then apply for 131 after we return back

3. Apply EAD and AP upon return ( 60 days prior o expiry) 

 

It appears that we've convinced the USCIS to reverse course on this issue. We sent an eMail to the Nebraska Service Center (NVC) about this issue; during an NVC stakeholder meeting at the end of last week, one of the section chief's acknowledged reviewing the Murthy Law Firm eMail, agreed that we were correct, and advised that he would instruct his officers to stop denying these AP applications. So, assuming the NVC follows through with this, there's no need for you to make any changes based on our article. (We'll be posting a follow-up article to inform the public about what transpired soon.)

[Attorney_23]

On 8/12/2017 at 4:24 AM, Shaheens said:

We have a pending 485 application. We have a valid EAD and I-131 till April 2018 - got it in April 2017? Can we travel outside the country and return? and will that affect our GC application? 

Generally speaking, one should be able to travel abroad and return prior to the expiration date of the valid AP.

[lemontree233]

On 8/16/2017 at 6:56 AM, Attorney_23 said:

It appears that we've convinced the USCIS to reverse course on this issue. We sent an eMail to the Nebraska Service Center (NVC) about this issue; during an NVC stakeholder meeting at the end of last week, one of the section chief's acknowledged reviewing the Murthy Law Firm eMail, agreed that we were correct, and advised that he would instruct his officers to stop denying these AP applications. So, assuming the NVC follows through with this, there's no need for you to make any changes based on our article. (We'll be posting a follow-up article to inform the public about what transpired soon.)

Could any one provide more follow up on this? I am planing to travel this Sept with a Valid AP expire in Nov,17, while I131 renewal is pending. Should I cancel the trip?  

[Attorney_23]

13 hours ago, lemontree233 said:

Could any one provide more follow up on this? I am planing to travel this Sept with a Valid AP expire in Nov,17, while I131 renewal is pending. Should I cancel the trip?  

Based on the latest information we received from the USCIS on this issue, travelling abroad with a valid AP while form I-131 is pending should not cause the I-131 to be denied.

[Attorney_23]

Just to add to my previous response, the information we received about correcting this issue was from the Nebraska Service Center (NSC). We were advised that this issue was being corrected, overall. Recently, when we sent the information regarding some of the cases that had been denied on this, the NSC reopened and approved the cases that they had initially denied. But, for the one case that was filed with the Texas Service Center (TSC), we were told that we would need to address that issue directly with the TSC. We are now awaiting word from TSC to verify that they will now be approving cases in these situations, as well.

In short, if your case is filed with the NSC, travel with a valid AP (or H1B, etc) should not result in the AP being denied. If the case is pending with the TSC, we are still awaiting word. (We expect that the TSC will comply, but it's hard to say for certain what they will do.)