Explanation for I-131 Advance Parole Travel Doc?

[novio2010 1]

Overstay only accumulates from the time the I-94 expires, to when the AOS is filed.

So for example. Your I-94 expires January, if you didn't file AOS till July then yes it would be pointless filing AP with your AOS and EAD. However if you filed AOS before 180 days had passed since your I-94 expired (say, March/April) you could still file for an use AP technically... most recommend not to risk it unless it was an emergency. I personal filed for AP even though I had 5 months (roughly) of overstay. I never had to use it but I personally would have had I needed to as a emergency... but it would have been really stressful. Always better to file before your I-94 expires to prevent these sorts of these issues.

Thanks for the input. I applied for AOS in November 1st 2011 (couple of weeks after entering the U.S)and the expiration date for the I-94 was January 13th 2012. I think I have never overstayed technically, and applying for the AP to re-enter the U.S wont be a problem. I am right?

[VanessaTony 3,567]

Thanks for the input. I applied for AOS in November 1st 2011 (couple of weeks after entering the U.S)and the expiration date for the I-94 was January 13th 2012. I think I have never overstayed technically, and applying for the AP to re-enter the U.S wont be a problem. I am right?

Should be fine.

[Cantik 1]

You don't put anything. As your applying because of AOS you don't include any attachment (AOS is your explanation and as you're filing concurrently you don't include anything - if you filed AFTER you filed for AOS you would include the AOS NOA1).

[/quote

Hi,... i have same question but little bit confuse with your answer. So, u r saying is that I-131 is optional. We may submit it or we may not submit it. Is that correct?

[LindaC1990 23]

[

Hi,... i have same question but little bit confuse with your answer. So, u r saying is that I-131 is optional. We may submit it or we may not submit it. Is that correct?

If you want to travel out of the country during AOS then you apply I-131.

It's optional ,yes, but it's free to apply with AOS, so lots of people apply just in case family emergency

Edited June 7, 2012 by LindaC1990

[KayDeeCee 4,893]

Hi,... i have same question but little bit confuse with your answer. So, u r saying is that I-131 is optional. We may submit it or we may not submit it. Is that correct?

No, you do not have to include the I-131 for AP with your I-485 for adjustment of status if you do not want to. I suggest you do though. The fee for the form is waived when filing with your I-485 and you never know if you might need to leave and return to the US while waiting for your green card. The form is easy to fill out, and the explanation letter being discussed here in this thread is not needed when filing your I-131 with a pending I-485.

[pete40 0]

i am about to apply for my I485. I am currently on F1 so I dont have a I94 well when I came here on B1 (i have that I94, its 5 yrs old) and then did AOS to F1 and then got married recently and so now applying I485. Can i apply my AP doc with my i485 and is it free that way because normally its 360$. Do you think if i leave US on my Advance parole doc can there be a problem for me while coming back to usa. (I have always remain on a legal status, either B1 or F1).. thanks!

[newacct 688]

This is an old thread.

I am currently on F1 so I dont have a I94 well when I came here on B1 (i have that I94, its 5 yrs old) and then did AOS to F1 and then got married recently and so now applying I485.

You did COS (change of status). Didn't you get a new I-94 when you got your COS approval?

Can i apply my AP doc with my i485 and is it free that way because normally its 360$.

It is free.

Do you think if i leave US on my Advance parole doc can there be a problem for me while coming back to usa. (I have always remain on a legal status, either B1 or F1).. thanks!

There should not be any problem. F1 are usually admitted for D/S, and so it is not possible for them to accrue unlawful presence by violating the date on the I-94 (there is none), even if they go out of status.

[pete40 0]

This is an old thread.

You did COS (change of status). Didn't you get a new I-94 when you got your COS approval?

It is free.

There should not be any problem. F1 are usually admitted for D/S, and so it is not possible for them to accrue unlawful presence by violating the date on the I-94 (there is none), even if they go out of status.

Well no they didnt give me a new I-94 just a F1 approval with DS stamp (as u mentioned before). Today in the mail i got my approved I-130 ( my priority date is Dec11,2011) approval date for I-130 is june 11, 2013, though currently priority date for my level is Oct 8,2011, how is this possible? though it says I-130 approved, next line says I am not currently eligible to apply for I485. any idea why is this happening? uscis cust. ser. has no idea why this is written.

[KayDeeCee 4,893]

Well no they didnt give me a new I-94 just a F1 approval with DS stamp (as u mentioned before). Today in the mail i got my approved I-130 ( my priority date is Dec11,2011) approval date for I-130 is june 11, 2013, though currently priority date for my level is Oct 8,2011, how is this possible? though it says I-130 approved, next line says I am not currently eligible to apply for I485. any idea why is this happening? uscis cust. ser. has no idea why this is written.

You will be far more likely to receive help if you post and start your own thread in this forum> http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Click the blue button to the top right that reads, 'Start New Topic' and post your situation and ask your questions there.

[pete40 0]

sure i will do that. thanks!

You will be far more likely to receive help if you post and start your own thread in this forum> http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Click the blue button to the top right that reads, 'Start New Topic' and post your situation and ask your questions there.

[TBoneTX 45,325]

Thread from 2012 is now closed to further comment.

Recent posts/replies have been split from this thread, moved to the "AOS from WS&T Visas" Case Progress subforum, and given the topic title "Delayed I-130 Application; Timing? [split topic]."