Immigration Issues/I-485 AOS

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Question
Hi Ajay,

My wife has a Green Card and she has applied for mine too, under the F2A category. The priority date on my I-130 is August 2012, but it is not approved yet. I am currently on an H1-B Visa which is valid till Sep 2016. I am a citizen of India. I have the below questions:

1. The priority date is "current" for all nationalities in September, so even if my I-130 is not approved, can I still file for I-485 adjustment of status?
2. Is my priority date current in October? Because Visa bulletin lists the priority date as 08 Sep 13.
3. Is it necessary to file for advanced parole when filing for I-485? I have heard that if I apply for advanced parole, I will not be able to leave US till it gets approved, which could take 3-4 months? But I may have to travel internationally in the next two months. Is it possible that I apply for advanced parole after returning from my trip. It won't be a concurrent filing but is it permitted? Is there any relative merit in applying for advanced parole together with I-485 vs at a later date? In case, if my priority date is not current two months from now, will I still be able to apply for advanced parole?

Thanks in advance for your advice.

Best regards.

Answer
Hi,

As the I-130 is pending, and the priority date is current, I-485 adjustment of status application can be filed now. General information about priority dates is here: www.h1b1.com/visawaiting.htm

There is no additional USCIS filing fee for filing advance parole (AP) document and employment authorization document (EAD) application concurrently with the I-485 application. This will allow for travel and employment independent of H1B status. In any event, if you travel outside the U.S., you can always enter on unexpired H1B visa stamp issued by a U.S. Consulate. (The AP will still be approved even if you travel prior to approval of AP, assuming that you are maintaining H1B status and enter the U.S. on unexpired H1B visa stamp). You can apply for AP and/or EAD after your trip, but there is no advantage.  

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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