Advance Parole and re-entry

[JustGC007]

I am planning to visit India in the Last week of November through Dec.

I don't have H1B Stamped on my Passport as entered the country on B1
Visa so I never had H1B Stamped on my passport, I only have H1B Approval notice;
I want to use Advance Parole while entering the US.

1) I have a valid ADVANCE PAROLE valid EAD and valid H1B approval notice but I DON’T have H1B VISA Stamped on my passport. Can I enter the US with just the valid Advance Parole Document and NO H1B Visa Stamp?

2) Is H1B VISA Stamp must on the passport in order to enter the US using the valid ADVANCE PAROLE?

3) After showing a valid ADVANCE PAROLE to enter US, will the immigration office further ask for H1B Stamp on the passport?

Thanks in Advance.

[bmt74]

Advance parole is more than enough. That can be used for re-entry. H1b stamping is not necessary. The immigration officer will not ask anything about that as you have a valid advance parole.

You are good to go. Don't worry.

[JustGC007]

Thanks Bmt74, I was worried that his might cause some problem when i come back. Thanks once again

[vjanand72]

Hi,

You should have a valid visa.. I think you will have some issues in this regard.. Please check with lawyer before making some decission. since, while applying for transit visa in Europe, they will see whether you have valid i 94 and also whether you had stamped for h1 b. To my knowledge better you enter through h1 b. some how get stamped and your problem will be resolved..

[JustGC007]

Thanks Vjanand I don't need a transit visa. My Lawyer said it is fine if you are using AP and entring the country but wanted to know the experience of any of the people from the forum, because it is more helpfull some times.

[dcmetro22042]

So if you have AP, you do not need a transit visa? How come? Transit visa is needed by the visting country and not US. Therefore IF traveling visa Austria, they might require you to take transit visa but shall understand that you have AP instead of H1B, which allows you to enter US. Is my understanding not correct?

[JustGC007]

Your correct DCMETRO, I am flying through the country which does not need a Transit visa.

[higcoptimist]

Hi,

We received the AP approval notices. There are three copies for each one of us. Do we have to give any copy at the port of entry?

It is mentioned in the AP, " -----allows a customs and border protection (CBP) Inspector at Port-of-entry to parole the named bearer, whose photograph appears hereon into the United States based on urgent humanitarian reasons or significant public benifit"

Does that mean that we cannot leave the country under normal circumstances for eg visting relative, pleasure travel, official travel? Please advice.

Higcoptimist

[Nimmi]

Depends on the country u travel needs transit visa if you r traveling on AP.
But cool..you sohuld have ur AP with you while coming just they take and stamp it and give you back..no prbs at all
Good luck

[JustGC007]

Thanks Nimmi

[shankar123]

Hi Friends,
My wife and my son left for India for a month vacation on AP. While departing the airlines check in people did not check the AP at all nor did they ask anything about it.
I am very much concerned about whether they need to retain a copy of the AP or not?
Please advise.
shankar123

[higcoptimist]

Hi,

AP is for the re entry into the US. You definitely need to keep all the copies of the AP. At the port of entry, the US Immigration will retain one copy and stamp the other. This is my understanding

Higcoptimist

Hi Friends,
My wife and my son left for India for a month vacation on AP. While departing the airlines check in people did not check the AP at all nor did they ask anything about it.
I am very much concerned about whether they need to retain a copy of the AP or not?
Please advise.
shankar123

[atulh]

Hi,

I agree completely , AP is for entry back in US. The AP will be checked in India when they are returning back to US. In US at the port fo entry, the immigration Officer will stamp and return back the AP to you. They do not retain a copy with them.

You are issued 3 copies of the AP, becuase ususally we apply for a multiple re-entry and that's what it mean. In a year's span you can travel on a AP 3 times.

I went and cameback in May of this year. The immigration officer never retains a copy. Afetr you comeback you ahev to maintain all the AP, the one that you used as well as the otehrs that you have not used. When you go for your I485 Interview, the Officer will ask for all these documents and you have to submitt those.

Hope it helps, I am not a lawyer ....

[kpppppp]

I have applied for 485 about 4 years ago. Keeping H1B Status. Have EAD but not using it. Last AP expired in Jan 2010.

Applied for New AP (Receipt Date): 10 Nov, 2010
Left US for vacation in India : 15 Nov, 2010
Appointment for H1B visa Stamping : 19 Dec, 2010

Got 221(g) Green slip for Background check.

Submitted required Docs and will hear within 10 to 12 weeks as per their email.


I work in Bio Research. Similar type of research since last 5+ years. Have Masters from US. Applied for GC (principal applicant) about 4 years ago. H1B status is good till July 2011. Never had any issue on visa stamping in the past (Did one stamping in 2008 from India only). Have always been working, no gaps. Just changed the research employer (one university to other university) 2 years ago.

Newly applied AP has got approved (Shows online). Will receive before the end of Jan, 2011 in US. I am stuck in India. H1B background verification may take months. Can someone mail me the new AP and I use it to enter US without any issues or abandoning my 485 or H1B? or I must wait till the H1B stamping background check response?

If I can use my new AP to enter US, I hope I can still keep my H1B status and not hurt my 485 pending application and can apply for H1B extension after July 2011 so that I do not have use my EAD.

If I can enter using new AP, is there any document I can keep with me to show Visa office if there is any issue or He cancels my H1 B or something of that type!

Thank you very much!!