AP Vs H1 travel

[idreemofgc]

Hello

I am one of the unfortunate affected by retrogression.
My husband's I-140 is approved but the priority date is dec 2003, so we will have to wait for approval for dont know how long.
anyways, both of us maintaining our H1 status, but I have to do my stamping in the passport since it is expired.
We are planning to go to India in late december. Should I do my stamping in Mexico and travel on H1 status to India or should i use my Advance parole to travel.
Which one is the safe status to travel ?

I really appreciate y'll help.
We all will get through soon.
Hope so.

 

[poongunranar]

idreemofgc

Should I do my stamping in Mexico

There are many cases where the US Consulate in Mexico has cited Section 221(a) to deny the issuance of visa, thereby asking the applicant to file at the Consulate in India, instead of Mexico. Try Canada instead. At least I know of my closest buddy who got his stamped without any problem in Vancouver, BC.

and travel on H1 status to India or should i use my Advance parole to travel.

You cannot travel in Advance Parole because you do not have an underlying I-485 petition. You need to travel on your H1 status only.

Which one is the safe status to travel ?

There is no question of choice because you don't have a choice. All you have is a Hobson's choice. You need to go in H1 only.

Please consider scheduling an appointment in the US Consulate in India and get yours stamped right there. My another closest buddy together with his wife and directly working under me is about to do the same in Madras Consulate this December. Do this and you will be safe. You do not know how the retrogression is going to move.

 

[Nimalan]

If your 485 has been filed and have advance parole, the you should be able to use either your AP or H1B. It is your conveniance.