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Does It Make Sense for Me to Apply for Advance Parole?

Hi William:

My EB1A application has been approved by using your excellent DIY package. Thank you very much for your great HELP! Now I plan to submit the I-485 application. I have a valid H-1B visa, and I may visit my home country within next 6 months. Does it makes sense for me to apply for Advance Parole at this time?

Answer:

Most people who have filed applications for adjustment of status using USCIS Form I-485 are eligible to apply for Advance Parole (AP). This document permits individuals with pending I-485 applications to travel outside the United States and reenter to continue their I-485 processing. It almost always makes sense to apply for AP. It can be used as a backup option, even if you have valid H-1Bstatus. The AP may provide an attractive alternative.

Persons who are in the United States based solely on the pending I-485, such as those working on EADs, must have AP if they wish to travel outside the United States. AP is normally issued for multiple entries within one year. At this time, it can be issued in combination with the Employment Authorization Document (EAD) and, in some cases, the combination EAD/AP card will have a two year validity period. The expiration date of the AP is clearly listed on the document. Travel on AP must be completed prior to the expiration date. That is, a traveler must return to the United States prior to the expiration date indicated on the document or the card.










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