AP or H1B stamping at Consulate?

[ilovethe80s]

(I posted this as well on the H1 sub-forum, but re-posting here in case some of you can shed some light on this. Similar experience/dilemma anyone?)

My sister came to the US on a B1/B2 in June 2004, got her H1B status in Nov 2004. Her current H1B status expires in Nov 2010. She also has an approved I-140 and a pending I-485. Still working for her H1 and I-140 sponsor now.

She has never left the US since 2004. If she flies to our home country now, which is a more prudent choice -- to use Advance Parole to re-enter the US or to apply at the US Consulate for an H1B visa stamp on her passport?

What are the chances of getting a denial at the US Consulate if she applies for H1B stamping? If it's denied, can she still use AP to re-enter? We're not from India, we're from the Philippines. We have no idea what the approval rate is at our Consulate for an H1 visa (if said person initially entered as a B1/B2, probably frowned upon, but not sure if it's a basis for a denial).

THANK YOU ALL!

 

[mmed]

which is a more prudent choice -- to use Advance Parole to re-enter the US or to apply at the US Consulate for an H1B visa stamp on her passport?
Apply for H stamp and if delayed or denied she can use the AP with no problem
What are the chances of getting a denial at the US Consulate if she applies for H1B stamping?
5% (just a number I put on no basis)
If it's denied, can she still use AP to re-enter?
Yes

if said person initially entered as a B1/B2, probably frowned upon, but not sure if it's a basis for a denial.
Not a base for denial and the H status already granted

THANK YOU ALL!

----------