Advance Parole on Approved I-140 and H-1B petitions

[aliottawa]

Hi

I have a question on who and when AP can be used to come back to U.S without a valid visa. I have I-140 approved and recently got a 3 year H-1B extension based on approved I-140. On EB-3 so not filing I-485 anytime soon so still on non-immigrant status.

Can I still get an AP approved in my case? And can I go outside of US and come back without applying for an H-1B visa using that AP?

Second, if I get the AP and do try to get the H-1B visa but for some reason my visa application gets stuck in Administrative Processing. Can I still come back to US on the AP while the decision on my H-1B application is still pending at the Embassy?

Any feedback will be much appreciated

Thanks

[pontevecchio]

You seem a tad confused. AP is a benefit of pending AOS which can be applied for only when the Priority dates are current.

[aliottawa]

That's what I was looking for. So you saying that unless my priortiy date becomes current, in other words I have applied for AOS upon filing of I-485 only than I can apply for AP. Not on an non-immigrant status?

[pontevecchio]

That's correct.

[aliottawa]

Cool thanks!