Can I leave without Advance Parole while on I485

[H1bTechieLA]

HI fellow members..

I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.

So after 2 years they still have not given me a valid AP document. I refiled again last week.

I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.

Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.

My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.

Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??

Pls take a moment to reply

[bbct]

Sorry to hear your situation but USCIS sucks. It is nothing but a deep black hole.

Originally Posted by H1bTechieLA

HI fellow members..

I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.

So after 2 years they still have not given me a valid AP document. I refiled again last week.

I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.

Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.

My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.

Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??

Pls take a moment to reply

[guesswho]

Why is your lawyer is advising that? If you are maintaining H1/H4 status, you can absolutely go to India, get ur H1/H4 stamped and come back. I did that in Jan 2008 (my I-485 was pending and I had not applied for AP/EAD at that time. The consulate knew I had a pending I-485 application as I indicated that on the visa form), got my visa stamped and came back on H1B.

The drawbacks I can think of -
- ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
- I don't know how it will affect your pending AP application.

Originally Posted by H1bTechieLA

HI fellow members..

I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.

So after 2 years they still have not given me a valid AP document. I refiled again last week.

I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.

Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.

My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.

Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??

Pls take a moment to reply

[ricky26]

As long as you have valid H1/H4 stamping in your passport you can travel in/out of the country freely.

H and L visa's are exempt from having AP as long as they have stamp in their passport.

[nfinity]

I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.

[Can2004]

Hi everyone,
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.

I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.

My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.

Thanks

[saurav_4096]

Originally Posted by nfinity

I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.

Hi nfinity,
I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
1. mumbai consultate,
2. POE
3. If you have any additional tips.

Thanks
Saurav

[snakesrocks]

Originally Posted by Can2004

Hi everyone,
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.

I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.

My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.

Thanks

I am a Canadian Citizen and travelled to India in last week of Jan 2009 and came back thro Philadelphia airport, no issues on H1B, they gave me a new I 94 and let me in.

[Can2004]

I have one more question.
My wife, also a Canadian citizen, was on F 1 visa until June 2008. She is working on EAD now( based on derivative adjustment).
Her only status now is AOS pending and parolee( has used AP once last october).
Will she be able to enter back without an AP ? ( first AP expired and new one is pending @ NSC)

thanks again!