Advance Parole FAQs

Concerns and issues while parents are traveling to India with Advance Parole while waiting for the Green Card

Authored on: Wed, 10/26/2022 - 04:21

Question

I am a U.S. citizen and I had applied for a green card for my parents and they were in the USA and now they have received their Advance Parole.

1. When our parents have Advance Parole, is there any special process to leave the U.S.?

2. Do we need to inform the airline staff during their check in process?

3. Even though Advance Parole documents specify that parole is valid for one year, is there any advisable timeline they could stay in India on Advance Parole?

4. What is the process for entering the USA on Advance Parole besides showing their parole documents to the CBP (Customs and Border Protection) officer at the airport?

5. Any instructions or guidelines for using Advance Parole?

6. What if their Green card gets approved while they are in India?

Answer

1. The answer is No.

2. No. There is no special procedure for leaving the United States.

3. There is no limit to their time. The only limitation is if they are scheduled for an interview they should plan on returning on a short notice.

4. You just need to show your Advance Parole and passport.

5. There are no  instructions, other than the fact they should be ready to come back when needed. If they schedule an interview we try to get the interview waived. If they do not waive the interview, the interview can be rescheduled and it is a valid ground for rescheduling if they are outside the United States.

6. If somebody is on Advance Parole and their Green card gets approved, they should board the flight using the Advance Parole. When they arrive at the airport in the United States the CBP (Customs and Border Protection) officer should admit them as Green card holders. If that does not happen then they usually let them in on Advance Parole.

Entry into the U.S. using the Advance Parole after green card approval during a trip abroad

Authored on: Fri, 09/23/2022 - 01:00

Question

Background: Applied I-485 application under EB3 after downgrade from EB2 in 2020. Refiled another I- 485 application under EB2 in 2021. Received EAD/ AP combo card from EB3 application in Jan 2022. Used it to travel out of country in July 2022. Green card approved in EB2 category while out of country. Entered USA using the Advance Parole from EB3 in August 2022 as the green card was in mailbox in USA. At Port of Entry, I informed them about the approval of I-485. However, they paroled me in for 1 year until August 2023 and stamped Advance pare in my passport. I collected my physical card from the mailbox after reaching my home.

Question

What is my status now- Green card or Advance parole?  Any impact on my green card status with that AP stamp as I used AP from EB3 after approval of green card from EB2?  I did not receive any notice form USCIS about withdrawing EB3 application after they granted green card under EB2. Should I ask USCIS to cancel the EB3 application or assume that it is automatically canceled by USCIS?

 

Answer

Video URL

Was the Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?

Authored on: Fri, 09/23/2022 - 00:50

Question

Background:

1) PD - Initial Filing - EB2 MAR 2014 (Two Different EB2 filings with two different employers A and B)
3) Downgraded to EB3 with Employer B (New Petition but using the same EB2 PERM with Employer B) In Nov 2020, Filed I-485 Concurrently
3) Change to a different Full-Time AC21 - Same or Similar Role (Employer C) - Using AOS EAD
4) I-485 Got Approved in E26 Category (EB-2) before any I-485J submission whatsoever.
4) Initiated an inquiry with the Congressman to confirm this card is legitimate for usage and no errors / issues; still waiting on USCIS Response.
5) Spouse's I-485 also Got Approved about 2 weeks AFTER this inquiry was already sent over to USCIS (E27 Category).

Questions:

1) Suppose that a congressman's written response from USCIS comes back affirmative for legitimacy of the approvals quoting USCIS discretionary authority. There is also a recent trend of many such approved cases where the applicant had at least one prior approved EB-2 petition with PD current - so this situation does not seem to be unique any more.
Should we still then pursue USCIS E-Request / I-90 submission avenues from our side - would it really be worth to continue stretching this any further at that point ?

2) You had indicated that until notified otherwise, this LPR card can be used for Travel Purposes. Can it also be used to say take up a second week-end / part time job, renewal of driver's licenses etc. ?

3) If you use this card for any of the above purposes, and unfortunately USCIS response were to be negative, do you lose your status - have to do any reinstatement etc. particularly in the travel situation usage of LPR Card ?

4) Can you continue using your AOS EAD / AP instead during this seemingly weird time window, since that also is a USCIS-issued valid non-expired travel and work authorization ? In general, can you continue its usage until the expiry date, regardless of your I-485 status ?
 

Answer

Video URL

EB3 to EB2 interfile after using Advance parole

Authored on: Sun, 06/19/2022 - 13:09

Question

My current stamped visa has expired, I've received EAD & Advance parole (EB3) which is valid till July 2023. I'm still on H1B and haven't used EAD or advance parole. I've a 4 days closed loop cruise trip planned from Florida to the Bahamas. I would be using my advance parole to re-enter the country. If I use advance parole (EB3) to re-enter the country , can I interfile in EB2? Would using advance parole (EB3) to re-enter the country change my status to immigrant and impact my ability to iterfile in EB2?

Answer

Read my comment on my blog. The USCIS has said they will permit interfiling even after reentry on advance parole.

"Same or similar job" criteria for green card AC21 portability

Authored on: Fri, 06/17/2022 - 02:46

Question

1) I-485 Filed under EB 3 Downgrade - More than one year back and pending
2)Independent I140 Approved both in EB2 and EB3 (Not as Amendment)
3) Currently working on H1B Work Authorization
4) I-485 EAD and AP Available but never used (EB3 Category)

Questions: -
1) If you change your job but by transferring your H1B (Change of Employer) and NOT use EAD, would the AC21 still apply (Same or Similar Job constraint) if you want to keep the I-485 alive?2) You said the last call that for Same of Similar Determination - USCIS Looks at all aspects:
a) Do the Job Duties and Actual Job Title need to be a dollar-to-dollar match?
b) Job Location Changes (One City/State to Another) and Job Mode Changes (From Onsite to Hybrid or Fully Remote) - Allowed?
c) Compensation Differentials - Positive or Negative - Any specific considerations/grey areas
 

Answer

Video URL

EB-3 to EB-2 interfiling after using Advance Parole. Reverting back to EB-3 if needed

Authored on: Fri, 06/17/2022 - 02:18

Question

I have a question about Interfiling my GC case. My Priority Date (Aug 2014) is current in the June Visa Bulletin. I'm planning to go to India this month and return back next month. While coming back I will use my AP for POE and also My wife is already using EAD and AP.

1) Can I interfile if I use AP for entering the USA?
2) Can I go back to EB3 if the EB2 date is retrogressive?

Answer

Video URL

Impact on H-1B status of using advance parole

Authored on: Thu, 12/16/2021 - 08:37

Question

H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice) 

I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.

a) Does the use of AP on returning mean the H-1B status is abandoned in this case?

b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?

c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?

 

Answer

Video URL

Continuing to use H-1B when I return on Advance Parole

Authored on: Wed, 10/13/2021 - 07:58

Question

I have an approved EAD/AP with my current employer. I also have an H-1B approved until 2024 with the same employer. I have plans to visit India, my home country, in the near future. I am planning to utilize AP to come back to the U.S. and would like to work on the H-1B with the same employer. Is that possible? Also if I do not receive my green card until 2024, can I  extend my H-1B with the same employer.

Answer

Video URL

I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

Authored on: Fri, 01/29/2021 - 08:47

Question

I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.

Eligibility for and the process of EB-3 to EB-2 Porting

Authored on: Wed, 01/06/2021 - 06:24

Question

Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?

Answer

Watch the Video on this FAQ: Eligibility for and the process of EB-3 to EB-2 Porting

Video Transcript

You can always go up and you can always go down as long as your PERM was filed as an EB-2. If you filed your PRM as an EB-3 then you're not going to be able to upgrade to EB-2. But if your PERM was filed as an EB-2 you can downgrade I-140 EB-3. You can go back upgrade to EB-2 if you already have an EB-2 approval. You can file a downgrade second case as EB-3 with the same PERM. FAQ in detail...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.