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Discussion Forums: I-485
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Topic: Parole expiring in Sep 08, filed for extension in May 08, going home on old parole in Aug 08, HELP
Posted by shama (17) 16 Jun 2008
PLEASE HELP!!!

Hello everyone,

My I-131 is expiring in September 08 but I filed for an extension last month(May). I am going home in August for 3 weeks. I was told by someone that if I am outside country and my extension is approved, I would not be allowed to enter on the old Parole and neither can someone send it over to my country by post as I have to be here physically when the renewal is approved. Is this true? Can someone help.

I also heard a different version-some say it does not matter if I am outside county when my extension is approved coz i am leaving and coming back on a valid parole.

I would really appreciate all inputs and help.

Thank you

Shama
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Posted by sangamam (24) 16 Jun 2008
Please check the link below. I guess you can stay outside US when your AP renweal is in progress and return back before expiry date (on your existing AP) regardless the status of your renewal

http://www.murthy.com/news/n_favint.html

"The USCIS stated that if a person has an advance parole and applies for a new advance parole while in the United States, s/he may travel and reenter the U.S. using the already approved advance parole. The person must return during the time period permitted under that advance parole that was approved before the person's departure. The USCIS specified that the person cannot remain abroad after the expiration of the first advance parole and then seek to enter on the second one after it is approved. "
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Posted by green4cdn (103) 16 Jun 2008
My attorney told me not to leave until my new AP is approved. They said it was safer that way.
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Posted by Walla (31) 16 Jun 2008
If I were you I would go to the U.S consulate in the country you're visiting and schedule an appt to get a visa via your approved H1B.
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Posted by shama (17) 16 Jun 2008
Hi Sangamam,

Thank you so much for this link. It really helped.

I checked with my lawyer also and he said I can go and come back on the old parole(before it expires).

Do you have anyone who had a similar case recently as the link goes back to 2004? Please advise

U take care and thanx once again
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Posted by shama (17) 16 Jun 2008
hi green4cdn,

why dont u show the link that Sangamam posted. it should give an idea to your lawyer

http://www.murthy.com/news/n_favint.html

show it to him/her and please let me also know what he/she said

thanx
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Posted by shama (17) 16 Jun 2008
hi walla,

thanx but i cant do that for some other reasons
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Posted by green4cdn (103) 16 Jun 2008
I appreciate the link. Right now I am trying to confirm that they ACTUALLY sent in the I-140 (I am a little suspisous). I do know that my I-485 was sent because I have an LIN# and went to my FP appt. Once I figure out the status of my I-140 I will show him. I will let you know. Thanx.

PS. This web site has been a lifesaver and good to find a place where other people can share in the visa/gc drama. I've been learning a lot.
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