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sdhungel
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Posted on 01-19-20 3:21
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Hi Everyone, I have an emergency situation back home and want to know my options to travel in such situation. I have heard that one can get Advance Parole from local USCIS office under such circumstance. I have H1B with a desi consultancy with I-140 status currently pending, currently not on project and the latest news from back home about medical condition of my family member. I was thinking to get AP to be on safe side in case H1B stamping gets rejected. Has anyone have traveled in similar situation? Is it suggested to travel in AP if I have H1B? Will it jeopardize my status when I am back? Suggestions please?
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ark
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Posted on 01-20-20 1:52
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You cannot get an AP under H1B or pending i140. Only if you have pending i485 or your are in TPS, they you can apply for AP.
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sdhungel
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Posted on 01-21-20 12:38
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I believe I'd TPS until last time with 2018 expiry date and I think it was auto renewed after that. But I didn't apply for EAD after that since I have been working in H1B. I was referring about a parole that is given for emergency situations. I have heard about it but don't have more info.
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ark
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Posted on 01-21-20 9:43
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Of you are on TPS then you can apply for emergency AP. If you are approved for it, when you travel back on AP, you will no longer be in H1B.
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sdhungel
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Posted on 01-21-20 3:12
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Thanks @ark. Then I should file for AOS, correct? Or I can continue with TPS and file for I-485 once I-140 gets approved? Does it matter? Thanks
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