Hi all, I am planning to go Nepal for H1b stamping, and as a backup I am planning to apply AP thru TPS.

1. What will be my status if I enter US with AP (suppose they denied H1b stamping)?

2. Can I apply AP while my TPS is pending (tps is pending for past 90 days)?

3. What is the max length of AP? How long I can stay in Nepal with AP?

4. Usually how long it will take to approve the AP?


Thanks is advance!!

http://www.hooyou.com/advanceparole/faq.html

1. Parole status if you enter using AP.
not H1-B status. You can come back to H1-B status after you do your H1-B extension or you transfer H1-b)

2. You can apply for AP when your TPS is in pending status. Actually TPS and AP can be applied at the same time.

3. Max is till the end of the current TPS period. (depends whether you opt in for single entry or multiple entry). 1 month should be fine. But you can stay longer if you need. The risk increases if you stay longer period of time.

4. Not sure. Depends. I saw someone getting it within 2 weeks. whereas someone who has waited for more than 2 months has not yet got the AP.

btw when are you planning to go for stamping?

Thanks guys...

@quick, not sure when I will go. Stamping garnna Nepal janne ke Canada janne confusion vai ra cha..... as I am working as a contractor thru IT consultancy...

@F1_Refugee,
From what I have heard on H1b applying AP is to have AP as back up. So while you travel nepal/canada, your gonna do visa stamping and if in the case or rare case your visa doesn't get stamped then you are using Parole. Please ensure on this.

@stateofnepal,

Yeah, I am trying to find someone who went thru similar issue ( h1b stamping denied, and tried to enter US on Advance Parole thru TPS).

What if the the clerk in port of entry figured it out the whole issue (AP thru tps; denial of h1b stamping)?? As all the records will be on the system.

@F1_Refugee
NO. Even the people with no status travel on Parole.

BTW as http://www.hooyou.com

"
Example 1:
Tony is a valid H-1B visa holder and is going abroad to India; however, he does not apply for an Advance Parole document. He wants to return to the U.S.; therefore, he applies for an H-1B visa again and it is approved. He now is able to re-enter the U.S. If he returns to work for his H-1B sponsoring employer, his I-485 will be preserved and he will keep his H-1B status.
If Tony fails to obtain an H-1B visa and he has to use the Advance Parole document for entering the U.S. after his trip, he will be granted parolee status at the port of entry. If Tony continues to work for his H-1B employer, his H-1B employment authorization will remain valid for the period as shown on the approval notice and he will not need an EAD to work. If Tony files an H-1B extension petition or H-1B transfer petition (through employer's sponsorship) before the expiration of his H-1B approved period, the USCIS will grant him H-1B status upon approval of the H-1B petition. Through this method, Tony will resume H-1B status.
- See more at: http://www.hooyou.com/advanceparole/h1bv-ap.html#sthash.j3o4Us3N.dpuf

"
I don't get this example. Do they actually issue AP on the port of entry?

@stateofnepal,

this example is talking about the AP thru I-485 ( change of status thru employment based GC), but our case is AP thru TPS.

@F1_REFUGEE, well in your case, need to confirm with the lawyer, I guess. Friend of mine, on same boat as you seems certain and planned up to keep AP as back up.