Travel on AP and Pending H1

[PRholder]

Hello Folks,

I have a few questions, which some of you might be able to answer. Thanks in advance for your time

I have my 9th year H1 (regular processing) extension filed in Sept 2008 and am awaiting it's processing. I looked at the timeline and it seems it takes around 60 days for processing so hopefully I will get it before my trip at the end of November 2008.

If I don't get the H1 approval, my lawyer says, I can change the application to premium processing.

If I use the advance parole to travel, will i loose my H1 status? I can use my EAD to continue working. Could some of you guys help?

[dma919]

I was in a similar case and I used AP for travel.

I don't think that it's worth to pay $1000 for a premium processing for H1 extension in your case. Here is why:

First of all, even if you get H1b extension approved before you travel you will still need to go to US consulate abroad to apply for h1 visa if you want to enter in H1 status. That takes money and TIME.

Secondly, if you enter using AP you don't really loose h1 status forever, you just switch to parolee status. Your h1 petition is still valid. You can still switch back to h1 status later (if a real need arise) by doing the same thing, i.e. going to US consulate to apply for h1 visa.

Also, it's been also mentioned on this forum that you can simply file an extension for h1 next time you need to switch back to h1 status as well. So that's just one more simpler option.

[jk0274]

Exactly right. If your H-1B papers are still valid, you can continue to work with your H sponsor even if you reenter the country as a parolee (as long as you work for that sponsor exclusively). To regain H status, simply filing an extension in the US will reinstate your H status once approved.

[GC_NJ_USA]

Hello friends - quick question. I applied for my wife's AP in June and haven't recieved it yet. Her flight is booked for November 28th to India. I called USCIS this morning and the lady said they can't open a case until 180 days of filing has passed - which makes it to December 14th. I emailed my lawyer and his response was "You only need the AP to re enter. You could always return and send your spouse the approval to re enter at a later date."
My questions:
1. Is it true what my lawyer said? I was under the impression that if you do not have a valid AP and you are out of the country, your GC is denied.
2. Is there a way to expedite the AP approval?
Thanks in advance.

[mmed]

Originally Posted by GC_NJ_USA

Hello friends - quick question. I applied for my wife's AP in June and haven't recieved it yet. Her flight is booked for November 28th to India. I called USCIS this morning and the lady said they can't open a case until 180 days of filing has passed - which makes it to December 14th. I emailed my lawyer and his response was "You only need the AP to re enter. You could always return and send your spouse the approval to re enter at a later date."
My questions:
1. Is it true what my lawyer said? I was under the impression that if you do not have a valid AP and you are out of the country, your GC is denied.
2. Is there a way to expedite the AP approval?
Thanks in advance.

1- If the lawyer said that and your wife and you do not have valid H status (as I understand, your H extension is still pending), it is better to change him soon because he will put you in trouble. But if you have valid H status (with or without H stamp in the passport, this if your pending satus approved by any means before you travel), then it is OK and in the worst case scenario if the AP is not approved till then, just let her to stamp her passport with H overseas.
2- Practically, there is no way you can expedite your AP, some people take Infopass, others send expedite request and as you did many others keep calling, try all that.

[GC_NJ_USA]

mmed - you are right - time to change the lawyer as I do not have an H visa (approved or pending) and working on EAD. I have taken an infopass for tomorrow and lets hope they heed to my request.

[PRholder]

Thanks guys for the update. I actually was thinking on the same lines of not worrying about H1 as I have to go for H1 stamping to be on H1 status. I have the Advance Parole Papers in hand and can use it. I am still working for the same employee who filed my H1 and Green Card.

I have an additional question --> If I enter on Advance Parole and have a valid H1 approval from USCIS (but do not have a US Visa stamp on my passport), can i still be on H1 when I come to US or as I used my Advance Parole, i loose my H1. In that case, I am out of H1? I did not get the part where jk0274 says I can reinstate my H1... Sorry folks, don't understand all this legal loops

GC_NJ_USA --> How did the appointment go? Did you get any progress? I hope you get the advance parole papers as soon as possible. I got mine and my wife's in like 30 days. Why did it take this long in your wife's case?

[dma919]

Originally Posted by PRholder

I have an additional question --> If I enter on Advance Parole and have a valid H1 approval from USCIS (but do not have a US Visa stamp on my passport), can i still be on H1 when I come to US or as I used my Advance Parole, i loose my H1. In that case, I am out of H1? I did not get the part where jk0274 says I can reinstate my H1... Sorry folks, don't understand all this legal loops

In this case you will be in "parolee" status. Your h1 petition will be still valid, so you can use it to get an h1 visa stamp in the future.