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Traveled abroad after Advanced Parole expiry. Trying to get back on H4

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  • Traveled abroad after Advanced Parole expiry. Trying to get back on H4

    Hello,

    I received my National Interest waiver employment based I-140 in 2017 and subsequently applied for AOS and recieved my EAD and APD combo card. During the application my OPT expired so technically I was on protected status while my AOS was being processed. I traveled on my combo card in 2018 without any issues and reapplied for a EAD/APD renewal after returning. Due to some error during re-application, the EAD and APD came as separate documents. I unfortunately did not realize that they have different expiry dates and was under the assumption that the EAD date is the correct one. My EAD expires in 2022 whereas APD expired on Oct 19th.

    Due to a family emergency, I traveled outside the country on Oct 18th (all the while assuming that I had until 2022 where I can travel). While trying to return to US on Nov 2nd, I was denied clearance during transit and sent back to my home country.

    My wife traveled with me as well and was planning to return on her APD which had expired as well. However she has an approved H1B and will be applying for a visa stamping soon.

    Here are my questions:
    1) My guess is that my AOS has been revoked and I'll need to start over. Can anyone confirm?
    2) Is my I-140 affected in anyway?
    3) Can I apply for H4 based on my wife's H1B so I can get back to US? Once I am there, I will apply for an EAD.
    4) If I go on H4, will my I-140 get affected?
    5) If and when I get back to US on H4, can I apply for H4 EAD and start my AOS concurrently?

    Thank you for your help in advance.

  • #2
    1) My guess is that my AOS has been revoked and I'll need to start over. Can anyone confirm?
    >>> If you are currently on H1 or L1, then AOS will continue. If not, it is considered abandonment and you will need to start over again.

    2) Is my I-140 affected in anyway?
    >>> It is my understanding that you have abandoned your petition. Therefore you may have to re-start the entire process and not just AOS. Hopefully other members can clarify.

    3) Can I apply for H4 based on my wife's H1B so I can get back to US? Once I am there, I will apply for an EAD.
    >>> Yes, you can apply for H4 and return to the US.
    Since your is EAD as it is dependent on the AOS application which has now been considered abandoned.

    4) If I go on H4, will my I-140 get affected?
    >>> See answer to question 2

    5) If and when I get back to US on H4, can I apply for H4 EAD and start my AOS concurrently?
    >>> You may have to start with I-140

    Comment


    • #3
      Originally posted by anurag316 View Post
      Hello,

      I received my National Interest waiver employment based I-140 in 2017 and subsequently applied for AOS and recieved my EAD and APD combo card. During the application my OPT expired so technically I was on protected status while my AOS was being processed. I traveled on my combo card in 2018 without any issues and reapplied for a EAD/APD renewal after returning. Due to some error during re-application, the EAD and APD came as separate documents. I unfortunately did not realize that they have different expiry dates and was under the assumption that the EAD date is the correct one. My EAD expires in 2022 whereas APD expired on Oct 19th.

      Due to a family emergency, I traveled outside the country on Oct 18th (all the while assuming that I had until 2022 where I can travel). While trying to return to US on Nov 2nd, I was denied clearance during transit and sent back to my home country.

      My wife traveled with me as well and was planning to return on her APD which had expired as well. However she has an approved H1B and will be applying for a visa stamping soon.

      Here are my questions:
      1) My guess is that my AOS has been revoked and I'll need to start over. Can anyone confirm?
      2) Is my I-140 affected in anyway?
      3) Can I apply for H4 based on my wife's H1B so I can get back to US? Once I am there, I will apply for an EAD.
      4) If I go on H4, will my I-140 get affected?
      5) If and when I get back to US on H4, can I apply for H4 EAD and start my AOS concurrently?

      Thank you for your help in advance.
      This is a very complicated Situation, since your wife is in US, ask her to consult with an experienced Immigration Lawyer ASAP.
      Marriage based AOS (IR1)
      Field Office : Chicago
      Service Center : NBC
      07/03/19 : RD
      07/13/19 : BIO Notice
      07/24/19 : BIO Complete
      07/26/19 : BIO Review Done
      09/05/19 : Ready to be scheduled for Interview
      10/04/19 : Interview scheduled
      11/13/19 : Interview - Approved

      Comment


      • #4
        1. You abandoned AOS (I-485) since you left the US without Advance Parole and without H or L status before you left.
        2. Your I-140 petition should not be affected. You don't need to be in the US to be petitioned.
        3. yes
        4. no
        5. yes

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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