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  • Travel during AOS

    I'm in AOS since May 2002 and have to travel outside the US frequently for my work. I used my H1 visa to reenter the US several times and on my last entry (May 5), the immigration officer asked to use my Advance Parole instead as my H1B was close to expiration. By now both my H1B and Advance Parole have expired.
    My immigration lawyer applied for my H1B extension 2-3 months ago (based on approved I140) and it was approved last week...
    I was told to go to vancouver to renew my Visa on my next trip before re-entering the US...
    My question here is: does the BCIS/Vancouver Consulate accept you to get a Visa based on an H1B extension if you already used an Advance Parole once to enter the country (as stated below, both are expired by now...). I'm worried of being stuck outside the US...
    Also, if I file an Advance Parole now, can I leave the country on business trip until the approval arrives and gets sent to me by my company.
    Thanks.

  • #2
    I'm in AOS since May 2002 and have to travel outside the US frequently for my work. I used my H1 visa to reenter the US several times and on my last entry (May 5), the immigration officer asked to use my Advance Parole instead as my H1B was close to expiration. By now both my H1B and Advance Parole have expired.
    My immigration lawyer applied for my H1B extension 2-3 months ago (based on approved I140) and it was approved last week...
    I was told to go to vancouver to renew my Visa on my next trip before re-entering the US...
    My question here is: does the BCIS/Vancouver Consulate accept you to get a Visa based on an H1B extension if you already used an Advance Parole once to enter the country (as stated below, both are expired by now...). I'm worried of being stuck outside the US...
    Also, if I file an Advance Parole now, can I leave the country on business trip until the approval arrives and gets sent to me by my company.
    Thanks.

    Comment


    • #3
      depending on what kind of visa you're adjusting to, it is not allowed to my knowledge to travel during adjustiment to permanent residency.

      This is a specific question asked when you apply for naturalization (even 10 yrs.) later, since travel during adjustment may make your entire adjudication nill. I'm not too sure on this, but if you needed an advandce parole before, which is according to you now expired, I would not travel untill everything is properly adjusted! Good luck

      Comment


      • #4
        Advice, you're wrong. If MarcL has maintained lawful status, and obtains BCIS permission to travel, there is no problem with traveling during AOS.

        You must have the approved Advance Parole document before you leave the US; you cannot have it sent to you while you are abroad. (BCIS used to allow this, but cracked down on this practice about 3 years ago.)

        Assuming that you have always been in valid status, and that you have the H-1B approval notice before you leave the U.S., you should be able to get the H-1B visa at the Vancouver consulate and reenter on that. Just be sure to get an appointment before you go, as Vancouver doesn't allow drop-in applications. Your attorney should be able to advise you on their procedures. (And if he can't, you should find another attorney.)

        Comment


        • #5
          Yes wrong advise. h1B holder will be on EAD while adjusting( I-485 subbmitted and EAD issued) He only needs to get AP from the BCIS to travel. IF job requires he can ask longer time with multi entry permit.

          Comment


          • #6
            How many days did it take you to get the H1B extension approved and at which office? I have had my application in for over 60 days at the California Service Center now without a peep (except for the receipt).

            Johan

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