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Advance Parole Complications

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Old Oct 18th 2006, 9:03 am
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Default Advance Parole Complications

I travelled out of the country for 40days while I-485 pending and no advance parole. I had a H1B stamp on my passport but I was not working for that employer any more. I had a family emergency and left immediately. On my return the officer interviewed me, thoroughly checked my papers, checked the status of my case etc and allowed me to come back and stamped me with H1B with complete knowledge that I was not employed anywhere at the moment.

Have I abandoned my application and do I need to start over my application? Have I somehow then stayed illegally in the country? I have clean sheet, nothing that can be construed as a violation or out of status.

I travelled on Feb14-march20, 2006. I was fingerprinted on 05/05/06, and interviewed on 07/13/06. I applied for the I130 and I485 on August 23, 2005. I don't have EAD or advance parole yet.

Can anyone please advise me if there are some major complications and how I can remedy the situation. Any help would be greatly appreciated. Please give as much information as possible on steps to get back on track with I-485 and I130 applications.
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Old Oct 18th 2006, 9:06 am
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Default Re: Advance Parole Complications

Originally Posted by Rosa-mil
I travelled on Feb14-march20, 2006. I was fingerprinted on 05/05/06, and interviewed on 07/13/06. I applied for the I130 and I485 on August 23, 2005. I don't have EAD or advance parole yet. .
What was the interview you attended on 7/13/06? Your AOS interview? What did they tell you at the end of that interview?

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Old Oct 18th 2006, 9:21 am
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Default Re: Advance Parole Complications

We had a AOS interview and were told that my security checks are pending and they cannot make any decision. Also we received a notice to appear on 08/17/06 and at that interview the questions were very specific to my travels, my H1B status etc.
At the end of both interview 1 and 2 they told us that the security checks were pending.

Also the interview questions were not very intense as we anticipated.

Originally Posted by Noorah101
What was the interview you attended on 7/13/06? Your AOS interview? What did they tell you at the end of that interview?

Rene

Last edited by Rosa-mil; Oct 18th 2006 at 9:28 am.
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Old Oct 18th 2006, 9:37 am
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Default Re: Advance Parole Complications

Originally Posted by Rosa-mil
We had a AOS interview and were told that my security checks are pending and they cannot make any decision. Also we received a notice to appear on 08/17/06 and at that interview the questions were very specific to my travels, my H1B status etc.
At the end of both interview 1 and 2 they told us that the security checks were pending.

Also the interview questions were not very intense as we anticipated.
You want to get a lawyer involved...as you might have abandoned your case without AP, and if you ain't working for your H1 employer, it's no longer valid.
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Old Oct 18th 2006, 9:45 am
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Default Re: Advance Parole Complications

Originally Posted by Rosa-mil
We had a AOS interview and were told that my security checks are pending and they cannot make any decision. Also we received a notice to appear on 08/17/06 and at that interview the questions were very specific to my travels, my H1B status etc.
At the end of both interview 1 and 2 they told us that the security checks were pending.

Also the interview questions were not very intense as we anticipated.
Well, as far as I can tell from what they said, it only seems that your security checks are still pending. As Bob said, it might not hurt to consult with an attorney to ask the questions about whether you abandoned your status or not when you traveled. I would have thought they'd say that specifically at your interview, if that was the case, but all they said was they are waiting on security checks.

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Old Oct 18th 2006, 11:13 am
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Default Re: Advance Parole Complications

Originally Posted by Rosa-mil
I travelled out of the country for 40days while I-485 pending and no advance parole. I had a H1B stamp on my passport but I was not working for that employer any more. I had a family emergency and left immediately. On my return the officer interviewed me, thoroughly checked my papers, checked the status of my case etc and allowed me to come back and stamped me with H1B with complete knowledge that I was not employed anywhere at the moment.

Have I abandoned my application and do I need to start over my application? Have I somehow then stayed illegally in the country? I have clean sheet, nothing that can be construed as a violation or out of status.

I travelled on Feb14-march20, 2006. I was fingerprinted on 05/05/06, and interviewed on 07/13/06. I applied for the I130 and I485 on August 23, 2005. I don't have EAD or advance parole yet.

Can anyone please advise me if there are some major complications and how I can remedy the situation. Any help would be greatly appreciated. Please give as much information as possible on steps to get back on track with I-485 and I130 applications.

Interesting question.
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