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sadclown

Status after using Advance Parole?

By sadclown in Adjustment of Status from Work, Student, & Tourist Visas

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sadclown Newbie

sadclown   0

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Hi,

 

I have a quick question on using Advance Parole to take an international trip. What happens to the status of the parolee (currently on H1B status but does not have H1B visa) upon re-entry to US? Is it still H1B status? 

What happens if the Adjustment of Status is denied after travel? Does the parolee go back to H1B status (spouse would not need to use EAD since they have H1B through employer).

 

Thank you!

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

If you re-entered via AP based on the pending I-485, then you were paroled into the US. You have no actual status...just an authorized stay due to the pending I-485. You would no longer have H-1B status.

If AOS were denied, you would be unlawfully present in the US.

Why not just enter on the H-1B visa still?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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e_xterrixx Apprentice

e_xterrixx   32

Posted
Filed: Other Country: Nigeria
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Posted

Curious to know how your travel went.

 

 

I’m in the same situation and traveling to Canada on AP although I have an approved H1B petition that’s not filed as a ‘Change of Status’ i.e. I have to get the visa stamp on my passport which I’m not planning on doing yet but hoping to be paroled back in based on my AP.

 

what status shows up on your I-94 after you’re paroled into the US on Advanced Parole?

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