Advanced Parole or H1-B stamping?

[anujsingla]

Myself and my wife are both on H1-B. We never went to India after we got H1-B, so we don't have H1-B stamped in our passports.
My company filed I-140, I-485, AP and EAD on my behalf in October 2003 after approval of labor (EB2, RIR). Applications for my wife were filed as derivative. AP and EAD were approved for both of us in the first week of December 2003. We are planning to go to India in March 2004 for a month. I understand that we can use AP to re-enter US.
My question is that whether we can get our H1-Bs stamped while we are visiting India. We do not want to loose our H1-B status until everything is approved. Should we let the consulate officer know about our immigration process. Please advise.

 

[IPC302]

yes you can get your H1B stamped even if you have AP and filed for 485 because H and L visa holders can have dual intent ...when you go for H1 stamping in one of the form there is a question which asks whether any one have filed immigrant petition for you do say YES to that and also you have to write the company name there ....dont worry about it ...go ahead and get your H1 stamped and maintain your H1 status ...when u enter show your H1 visa and not your AP .But do carry your 485 receipt along.

REMEMBER 140 is the immigrant visa application and not 485 ..485 is just to adjustment of status why i mentioned this because if both you and your wife goes for H1 stamping ...since 140 was filed for you in that case only you write YES TO THAT IMMIGRANT PETION question ....your wife will write NO to that question for her form because 140 was not filed for her ...she is your derivative and only 485 is applied for her which is not a immigrant petition but adjustment of status based on your application ....so she will have to answer NO TO that particular question i hope i made my point clear .......if still not clear do let me know