Can I get H1B visa stamp after using advance parole?

G

gc_us_02

Registered Users (C)
Hi Gurus,

I am planning to use advance parole to re-enter the country after my planned trip by end of this month and continue to work on H1B which is valid till sometime in 2008 (I believe it is valid still even though I used advance parole to enter the country).

My dependent daughter who has valid H4 visa stamp (based on my current H1B) who is already in India and will continue to be in India till September 2007.

Sometime in September 2007, I will visit India again and this time I will go for H1 visa stamp (using my current valid H1B approval notice).

Then me and my daughter will re-enter the country on H1/H4.

Is this possible? After entering on advance parole, will my H1B become invalid for the purpose of visa stamp subsequently? Do I have to get another new H1B approval just for getting H1B visa stamp?

I am working for the same employer who sponsored my GC on H1B (3 year extension based on my I-140 approval and priority date retrogression).

Appreciate some help here..
 
gc_us_02 said:
Hi Gurus,

I am planning to use advance parole to re-enter the country after my planned trip by end of this month and continue to work on H1B which is valid till sometime in 2008 (I believe it is valid still even though I used advance parole to enter the country).

My dependent daughter who has valid H4 visa stamp (based on my current H1B) who is already in India and will continue to be in India till September 2007.

Sometime in September 2007, I will visit India again and this time I will go for H1 visa stamp (using my current valid H1B approval notice).

Then me and my daughter will re-enter the country on H1/H4.

Is this possible? After entering on advance parole, will my H1B become invalid for the purpose of visa stamp subsequently? Do I have to get another new H1B approval just for getting H1B visa stamp?

I am working for the same employer who sponsored my GC on H1B (3 year extension based on my I-140 approval and priority date retrogression).

Appreciate some help here..
Click to expand...
Interesting question ,,,, but no replies yet....??????
:(
 
I am wondering if no one has done this before :-(

Hello immigration gurus,

Can you please give your opinion? Time is running out for me and I have to decide something...
 
Most of the people in this forum have not run into this issue since ppl usually keep using AP after the first time. Going to consulate to get H1B stamped during vacationing in India is painful process.

My opinion? I think you should not have any problem because H1B is a dual intent(i.e you can have either immigrant or non-immigrant intention) Visa unlike F1. An attorney might be able to answer your question precisely.
 
were you able to find out?

gc_us_02,

I have a somewhat similar situation - just wondering if you were able to find out the answer to your question.

Thanks.

Auro02
 
gc_us_02 said:
Hi Gurus,

I am planning to use advance parole to re-enter the country after my planned trip by end of this month and continue to work on H1B which is valid till sometime in 2008 (I believe it is valid still even though I used advance parole to enter the country).

My dependent daughter who has valid H4 visa stamp (based on my current H1B) who is already in India and will continue to be in India till September 2007.

Sometime in September 2007, I will visit India again and this time I will go for H1 visa stamp (using my current valid H1B approval notice).

Then me and my daughter will re-enter the country on H1/H4.

Is this possible? After entering on advance parole, will my H1B become invalid for the purpose of visa stamp subsequently? Do I have to get another new H1B approval just for getting H1B visa stamp?

I am working for the same employer who sponsored my GC on H1B (3 year extension based on my I-140 approval and priority date retrogression).

Appreciate some help here..
Click to expand...



Well, why don't you use the AP again when returning back in Sept 2007 ?
I beleive this is certain risk involved in getting the visa stamping in India because you have been paroled earlier. I guess you could try for visa, if not you could come back on AP just in case.
or
other thing you can do is get the visa stamping when you visit this month to India.......do not use AP.
 
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