Advance Parole to H1B visa stamping to get H4

[kgooty]

Hi,
I have one of my friends case was on H1B visa got EAD,Advance Parole(AP) having pending 140/485 he have approved H1B(797) but expired H1B visa stamp on PP went to home country married their came back to U.S using Advance Parole his wife went for H4 visa stamping they refused saying that her husbend should have H1B visa stamped on his passport with out which they do not issue H4 visa so he dicided to travel back to home contry for H1B visa but He was told by one of visa officer that if he go back for H1B visa his 140/485 will be revoked.Is that a LAW is it TRUE .Why can't one go back for H1B visa after using Advance payrole.Please Gurus I need clarification.Since my friends told this is what the officer told to him since he already used Advance payrole he do not want his 140/485 to be revoked.I want to find out more information regarding this.If some body went thought this kind of situation please share your experience what to do next.
Thank's

 

[ginnu]

Hi,
I have one of my friends case was on H1B visa got EAD,Advance Parole(AP) having pending 140/485 he have approved H1B(797) but expired H1B visa stamp on PP went to home country married their came back to U.S using Advance Parole his wife went for H4 visa stamping they refused saying that her husbend should have H1B visa stamped on his passport with out which they do not issue H4 visa so he dicided to travel back to home contry for H1B visa but He was told by one of visa officer that if he go back for H1B visa his 140/485 will be revoked.Is that a LAW is it TRUE

------- Visa officer is 500% wrong they dont know the law was changed in 1999, take the help of your lawyer and lawyer shuold write the law section that one can be on H1 and I-485 pending at the same time. The visa ifficer is not lawyer

.Why can't one go back for H1B visa after using Advance payrole.
---one can go back to H1 after use of AP
Please Gurus I need clarification.Since my friends told this is what the officer told to him since he already used Advance payrole he do not want his 140/485 to be revoked.
---- if he gets H1 then his I-140 or I-485 is NOT goinbg to be revoked thae Visa officer cant revoke becase I-484 I-140 are under USCIS and Visa stamping is under DOS or consulates
I want to find out more information regarding this.If some body went thought this kind of situation please share your experience what to do next.
---meet a good lawyer and let him send email to consulate or write a letter so that the visa office(?) understand and update his knowelege
Thank's