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AP renewal and travel

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  • AP renewal and travel

    i am on parolee status and do not have another visa now.
    My AP expire in July 2023 and I have already submitted for renewal.
    oct 2020 - filed i485 (was on H1b then)
    Dec 2021 - changed company in EAD
    june 2022 - travelled to India and returned in AP
    Feb 2023 - Applied EAD and AP renewal.
    Feb 2023 - EAD approved in 2 weeks. Card still pending

    I am planning to travel to India in May and return by June. Re-entry will be with my AP which is valid till July 2023

    my question :
    1. Anyone aware of any issue to renter on June 2023 as I will have only 1 month left in AP expiring in July 2023
    2. Will my i131 renewal be denied as I travelled out of country while it is pending? It takes a long time to get this renewal based on the timeline
    3. My understanding is i485 is fine as long as I travel and return with valid AP
    4. My spouse is still in h1. Is it possible to COS from parolee to h4. That seems safer than parolee to keep my i485 in pending state. I was principal applicant for i485


  • #2
    1. There are no issues. The AP expiration date is just the last date you can use the AP to enter. How long you are paroled is independent. (And how long you are paroled doesn't matter anyway, since you have a pending I-485.)
    2. No, AP renewal should not be denied if you travel abroad on AP
    3. yes
    4. I'm not sure about this. Usually, you need to be in status to change status, and I doubt parolee really counts as a status. However, the Cronin memo says that people who were paroled can do COS back to H1b status, so I don't know.

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


    • #3
      Thank you so much for the information