Can I return on AP if visa rejected

[John78696]

If I have the AP (Advance Parole) and go to India and appear for H1B visa stamping, and if the visa gets rejected for any reason (or getting late in issuance), then can I return back to USA on AP after H1-B visa rejected in chennai.

 

[hopeofgc]

If I have the AP (Advance Parole) and go to India and appear for H1B visa stamping, and if the visa gets rejected for any reason (or getting late in issuance), then can I return back to USA on AP after H1-B visa rejected in chennai.

you can surely do that dude!

 

[kgandre]

Using AP, forces you to start working on EAD, losing ur H1B Status.

Use it as a last option, incase the visa is rejected. If you have vaild paystubs and your company has filed their taxes properly and has no court cases against it and if you education qualification is provable and if your last name is not Laden, then you will get the H1B Visa stamp on ur PP.

 

[TheRealCanadian]

Using AP, forces you to start working on EAD, losing ur H1B Status.

No. The Cronin Memorandum specifically contradicts this, and has been around for almost a decade.

 

[b_boy]

kgandre, you are wrong, If you come back on AP, your visa status in US is Parolee, you can continue working on H1 with your H1 sponsor.

 

[lengthyLabor]

Thanks realCanadian for clarification.

One catch on the Cronin Memo of May 2000 is that "until the final rule is published". And as this Memo was issued 7 years ago do you know if there is a new rule that is published. Is it safe to enter on AP and Maintain H1 B for a trip happening in Dec 2007?

No. The Cronin Memorandum specifically contradicts this, and has been around for almost a decade.