485 pending + H1B目前还是可以回国么# Immigration - 落地生根
a*o
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需要出差一个月。485 RD: 05/31。打过指纹，没有收到EAD卡
H1B的visa有效期至11月底
前几个月回去一周，持H1B入关，没有问什么问题
最近131风声好像紧了，需要不需要弄个临时AD？
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26. Travel and Applications for Advance Parole
AILA requests clarification on issues relating to travel and applications
for Advance Parole. Specifically,
please confirm:
a. That an H-1, H-4, L-1, L-2, K-3, K-4, V-1, V-2, or V-3 nonimmigrant that
is in possession of a valid
nonimmigrant visa for reentry into the U.S. need not be present in the
United States when he or
she files for an advance parole document.
b. Please also confirm that an individual whose current advance parole
document is still valid when he
or she files for a new advance parole document is not required to be present
in the United States
when that new application is filed.
Please see the attached Addendum V for an expanded discussion of this issue.
Response: Advance parole granted to those outside the U.S. is an
extraordinary measure used
sparingly to bring an otherwise inadmissible alien to the U.S. for a
temporary period due to a
compelling emergency or significant public benefit. It is not to be used to
circumvent the normal visa
issuance process. Advance parole that is sought to preserve the pendency of
an I-485 application must
be applied for and granted before the alien’s departure from the U.S.
If the above non-immigrants filed adjustment applications prior to departing
the U.S., they need not
also have filed for advance parole where they have a valid NIV that may be
presented at a port of
entry. This of course assumes these same individuals have maintained their
status (8 CFR
245.2(a)(4)(ii)(C) and(D)). If, however, they have failed to maintain their
non-immigrant status,
advance parole must have been granted prior to their departure from the U.S.
or their adjustment
application shall be deemed abandoned. If an H or L non-immigrant with a
pending adjustment
application appears at a port of entry and presents both an I-512 and his/
her valid NIV, CBP should
advise the alien that he or she must choose whether to use the H or L visa
or the advance parole
document.
------
但是同一个文档又说：
Yes, we confirm that that abandonment of a pending advance parole
application does not occur
if the foreign national is otherwise authorized to depart and return because
the foreign national has
an 1-485 pending and is readmitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-1,
V-2, or V-3.29
In both instances, the foreign national is authorized to depart the United
States either because of his valid
nonimmigrant status (which permits departure without advance parole) or his
valid advance parole document. He
needs no additional authorization to depart, and his adjustment of status
application will not be abandoned because
of the departure. Based on the foregoing AILA requests that USCIS confirm
that an H-1, H-4, L-1, L-2, K-3, K-4, V-1,
V-2, or V-3 nonimmigrant need not be present in the United States when he
files for an advance parole document,
and that in the case of someone whose current advance parole document is
still valid when he files a new I-131
application, he, too, need not be present in the United States when that new
application is filed.
H1B的visa有效期至11月底
前几个月回去一周，持H1B入关，没有问什么问题
最近131风声好像紧了，需要不需要弄个临时AD？
------------
26. Travel and Applications for Advance Parole
AILA requests clarification on issues relating to travel and applications
for Advance Parole. Specifically,
please confirm:
a. That an H-1, H-4, L-1, L-2, K-3, K-4, V-1, V-2, or V-3 nonimmigrant that
is in possession of a valid
nonimmigrant visa for reentry into the U.S. need not be present in the
United States when he or
she files for an advance parole document.
b. Please also confirm that an individual whose current advance parole
document is still valid when he
or she files for a new advance parole document is not required to be present
in the United States
when that new application is filed.
Please see the attached Addendum V for an expanded discussion of this issue.
Response: Advance parole granted to those outside the U.S. is an
extraordinary measure used
sparingly to bring an otherwise inadmissible alien to the U.S. for a
temporary period due to a
compelling emergency or significant public benefit. It is not to be used to
circumvent the normal visa
issuance process. Advance parole that is sought to preserve the pendency of
an I-485 application must
be applied for and granted before the alien’s departure from the U.S.
If the above non-immigrants filed adjustment applications prior to departing
the U.S., they need not
also have filed for advance parole where they have a valid NIV that may be
presented at a port of
entry. This of course assumes these same individuals have maintained their
status (8 CFR
245.2(a)(4)(ii)(C) and(D)). If, however, they have failed to maintain their
non-immigrant status,
advance parole must have been granted prior to their departure from the U.S.
or their adjustment
application shall be deemed abandoned. If an H or L non-immigrant with a
pending adjustment
application appears at a port of entry and presents both an I-512 and his/
her valid NIV, CBP should
advise the alien that he or she must choose whether to use the H or L visa
or the advance parole
document.
------
但是同一个文档又说：
Yes, we confirm that that abandonment of a pending advance parole
application does not occur
if the foreign national is otherwise authorized to depart and return because
the foreign national has
an 1-485 pending and is readmitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-1,
V-2, or V-3.29
In both instances, the foreign national is authorized to depart the United
States either because of his valid
nonimmigrant status (which permits departure without advance parole) or his
valid advance parole document. He
needs no additional authorization to depart, and his adjustment of status
application will not be abandoned because
of the departure. Based on the foregoing AILA requests that USCIS confirm
that an H-1, H-4, L-1, L-2, K-3, K-4, V-1,
V-2, or V-3 nonimmigrant need not be present in the United States when he
files for an advance parole document,
and that in the case of someone whose current advance parole document is
still valid when he files a new I-131
application, he, too, need not be present in the United States when that new
application is filed.