O1 status and Advance Parole

[brami]

Hello experts,

Here's my situation. I am not getting a clear reply from my attorney, so I am trying to get more opinion from other's experiences.

- Entered US in May 2003 on a J1 visa.
- Got the J1 Waiver in Nov 2006.
- Applied for O1 visa in Dec 2006.
- O1 approved in Jan 2007.
- Started new job in Feb 2007.
- Passport still has J1 stamp.
- Applied for EB1 based permanent residence April 02 2007. (I-485, I-131, I 765 all applied together)
- waiting for Advance Parole.
- HAVE to visit India in July 2007.

I understand that my EB1 permanent residence application will be cancelled if I travel before advance parole arrives.

My question is:

1) If I leave US for India 'without' advance parole, can I reenter US with a O1 visa stamp?
My O1 is valid from 2007 - 2010.

2) Can I continue in my present job with my existing O1 visa status??

Any information will be very helpful.

Thanks very much.

[chatterjee1]

Hello experts,

Here's my situation. I am not getting a clear reply from my attorney, so I am trying to get more opinion from other's experiences.

- Entered US in May 2003 on a J1 visa.
- Got the J1 Waiver in Nov 2006.
- Applied for O1 visa in Dec 2006.
- O1 approved in Jan 2007.
- Started new job in Feb 2007.
- Passport still has J1 stamp.
- Applied for EB1 based permanent residence April 02 2007. (I-485, I-131, I 765 all applied together)
- waiting for Advance Parole.
- HAVE to visit India in July 2007.

I understand that my EB1 permanent residence application will be cancelled if I travel before advance parole arrives.

My question is:

1) If I leave US for India 'without' advance parole, can I reenter US with a O1 visa stamp?
My O1 is valid from 2007 - 2010.

2) Can I continue in my present job with my existing O1 visa status??

Any information will be very helpful.

Thanks very much.

Yes you can go and get O1 visa stamp as O1 visa is dual intent and does not deter you from applying for green card. I am on O1 visa (visa stamped on passport) and my EB1A 140 is approved. My 485 is pending since MArch 07 but I have an approved EAD and AP. I asked my attorney if like H1 and L1s, can i choose to enter with a stamped o1 visa and not use AP to enter( as that would force me to go to EAD later) and his answer was that as O1 is dual intent like H1 nad L1, I can use a stamped o1 visa to enter US and my 485 would not be considered abandoned.
Regarding your other question, if you enter using your O1 visa stamp and not AP, you can continue to work on o1. If you use AP, you can only work on EAD. So, I would advice you to go and get your visa stamped. Please confirm this with an attorney and keep us updated about what he/she says. Good Luck.

[brami]

Thanks Chatterjee1. I greatly appreciate your reply.

However my attorney categorically said that "departing the US prior to receiving the advance parole constitutes abandonment of the adjustment of status application". Doesn't this mean that my permanent residence application is cancelled??

In your case, you had received your AP and then decided to travel on O1 visa and reenter with a O1 visa stamp.

In your case, because you have your AP approved, your I-485 (adjustment of status) will continue processing even during your trip out of US.

However, in my case, if I leave without my AP being approved:
1) what will happen to my I-485 (adjustment of status)?
and
2) can I still travel and reenter US with a O1 stamp? (will the 'dual intent' status be valid even in the absence of an advance parole???)

thanks again.

[chatterjee1]

However my attorney categorically said that "departing the US prior to receiving the advance parole constitutes abandonment of the adjustment of status application". Doesn't this mean that my permanent residence application is cancelled??

In your case, you had received your AP and then decided to travel on O1 visa and reenter with a O1 visa stamp.

In your case, because you have your AP approved, your I-485 (adjustment of status) will continue processing even during your trip out of US.

.

Thats strange. My attorney says that it shdn't matter if AP is approved for not, there is a new rule for H1s and L1s that even after filing AOS, they can enter US with a stamped valid visa and O1s, though not explicitly mentioned, are also included. I would check with another attorney and verify if an approved AP is really needed for re-entry. Perhaps your attorney misunderstood and didn't realize you were going to come back with a valid stamped visa, not just an approval notice. An approval notice is no good, for re-entry on O1, you do need a valid O1 visa stamp. Good Luck and keep me posted on what you hear. I will also email my attorney and ask. Will post if/when I hear from him.
Try posting on the EB1/NIW forum as well as 485 forum. There are a lot of O1s in the EB1 forum so there would be more people who can help you. This O1 forum is very neglected.Most posts are very old and no one almost checks these posts.

[brami]

Dear Chatterjee1

Thanks a lot for your input. It has been tremendously comforting!
I do hope that my GC application continues processing even if I visit India without AP.
And I hope that I am able to reenter with an O1 stamp. I am applying for appointment at the chennai american consulate.

My only request to you is: could you find time to reconfirm with your attorney reg. this situation that I am in??

thanks again.
Rami

[cocosoar]

Hi Brami,

It has been a long time since you last posted, how did things turn out for you ?
I am in exactly the same situation as you today.

Please, let me know.

Thanks !

[davidgreen]

Hello

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Prelude Productions is available to sponsor qualified O1 visa candidates.

It is an established O1 sponsor, and they also work with the best O-1 visa specialist who can prepare your petition with an immigration attorney.

Contact them at email info@preludeproductions.com

Thanks and good luck!