Travelling for CP

[rogercsc]

All,

Please try to help if you can.
I have applied for my 485 and also trying to do ACP.
My H1 in the passport has expired but have a valid H1 petition and valid I94.
I think I will not get my AP before the interview.
In that case should I go ahead and go for the interview without the Advance Parole?

I am in a desperate situation please help.

Roger

[maharaja]

My two cents on this is:
If you got an interview, and have all your paperwork ready, then there should likely be no problem getting the CP process done successfully. In this event, it won't matter whether you have AP to return to US.

In case something goes wrong at the interview, and you don't get successful outcome from CP,
1) if fraud, then does not matter whether you had AP or not, since you would be barred re-entry anyways.

2) if not fraud, but missing documents or something, then that could constitute a problem because you would not be able to return without AP document. BUT, in your case, it looks like you still have H-1B eligibility and valid H-1B document, so you should not have a problem with reentry since you can re-enter on H-1B instead of AP.

Consult immihelp or your lawyer to be sure. In other words, get 1 or 2 more sources to agree with what I have said before making a decision.

Good luck

[rogercsc]

Maharaja,

Thanks a tonne dude!!