Filing I-485 if you are in Parolee status

Is it possible to file a derivative I-485 on my behalf if I you have traveled to US using my Advanced Parole and in Parolee status. Advance Parole is based on a pending primary I-485 and I continue to work for the same H1-B employer using H1-B authorization (no EAD used). I am in Parolee status for less than 180 days.

Does the INA 245(k) exemptions apply in this scenario to overcome bars for Parolee to apply for I-485?


Did you apply for H1B extension after entering back to the US on AP? Are you currently in H1B status with an approved I-797 and I-94?

You will need to be in non-immigrant/H1B status to be able to file AOS for your H4 derivative.

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I do have an unexpired i-94 on my H1B approval notice. One option is to use automatic revalidation to going over to Mexico/Canada and to get an Admitted/H1B stamp on passport while coming back.

But I am exploring the possibility of filling i485 on parolee status using exemption in INA 245(k), any ideas?

Yes, this can be done to switch to non-immigrant status.

Did you had any violations in past? INA 245(k) exemptions are applicable for past violation for failing to maintain legal status. Not sure what you are thinking.
If I understand your case correctly,
a) You filed for your AOS and got AP/EAD.
b) You left US while your AOS application is still pending and being processed.
c) You entered back on AP and and currently working on EAD but your H1B I-94 is still valid however you haven’t switched back to H1B as of now.
d) Now you want to file AOS for your dependent (spouse/kids) while you are on GC EAD?

Where are your dependents currently, in the US or in their home country?
If in their home country, do they have H4 visa?

To be able to file for AOS they will need to be in the US.

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