Advance Parole------H1-F1 Status-----Need Advice

[Explorer19]

Hi Folks

I need advice from you all

I came to USA on F1 student visa
I converted to H1 in USA and presently working
Don't have H1B visa stamp in passport (only have my old F1 expired visa stamp from india and H1B visa got rejected in mexico)
So I just have H1B status and NOT H1B visa stamp in passport)
Applied for I-140 in Nov 2002
RFE on I-140 issued 16 days ago (not yet received the RFE)
will apply for I-485/EAD/AP once I-140 is approved


I know I can go to India. considering the risk, I do NOT want to apply for H1B visa in India.
But my question is:

Will I have any problem when I return to USA using my AP bcoz I never had a H1B visa stamp in my passport and only have an old expired F1 visa stamp?????

Please input ur valuable suggestions

Thank You

 

[weShallOverComeSomeDay]

If you have AP and have maintained valid immigration status , not having a valid H-1 visa stamp is not a issue.

However, do check the comments made by 140_takes_4ever on your similar post...

http://www.immigrationportal.com/showthread.php?threadid=104724


Your spouse would be stuck in India for a very long time.. There are no doubts about this..

 

[140_takes_4ever]

Originally posted by Explorer19
Will I have any problem when I return to USA using my AP bcoz I never had a H1B visa stamp in my passport and only have an old expired F1 visa stamp?????

What is this an infinite loop?

No you won't have any problems returning on AP!

 

[weShallOverComeSomeDay]

Re: Re: Advance Parole------H1-F1 Status-----Need Advice

Originally posted by 140_takes_4ever
What is this an infinite loop?

Or may be a broken record...