I have received EAD and AP recently but never used. Since I wanted to maintain my H1 status, I recently got my H1 extenstion filed. Can I now leave to India and return to US on AP while my H1B extenstion is still pending? If I can come on AP, will my H1B status continue after coming to US? Any help on this is greatly appreciated. Thanks
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Entering with Advance Parole while H1 extension is pending
- Thread starter mayee
- Start date
ghost-rider
Registered Users (C)
yes you can come back on ap and maintain you H1 status.
H1B pending, returning on Advance Parole
Hi mayee,
I had posted the following message on a different thread on this forum. I guess it is more relevant to what you are asking here.
Could you please let me know if you have learnt anything more about this from your lawyers or other sources??
Thanks in advance,
-MJ.
H1B pending, returning on Advance Parole
Hi immi_tracker, Anindya,
I find your cases directly related to a situation that I am in. This has been my experience:
- While in the US, I got my H1B visa extended (its been 3 yrs since I have been on H1. got it extended by another 3 yrs). But the stamp on my passport had expired.
- Had to travel to India so decided to apply for Visa revalidation at the US consulate in India.
- Applied for stamping at the US consulate in Mumbai on 24th Dec 2003.
- Was asked to go through fingerprinting. they said the results would be back in 4 weeks after which I could walk in for an interview.
- Its already been 4 weeks and havent heard from the consulate yet. Had called them. They do not have any idea as to how much longer it might take.
- My AOS application is also pending. Am done with Fingerprinting while in the US. I have an EAD and AP (valid till 15th March 2004).
Given the experiences I have read in the forum, I seriously doubt if I will hear back about my H1B revalidation case at the Mumbai consulate (pending due to fingerprinting checks) in the near future.
I am not married and was intending to get that over with in this trip. however the boat seems to have run into some turbulent waters. My company has also been understanding about the delay in my return but I do not want to push it.
So, I was wondering if I could travel back on AP without any issues at the port of entry.
Could someone (ginnu??) please please share your experiences or the advice that you have gotten in the past..
Thank you,
-MJ.
Hi mayee,
I had posted the following message on a different thread on this forum. I guess it is more relevant to what you are asking here.
Could you please let me know if you have learnt anything more about this from your lawyers or other sources??
Thanks in advance,
-MJ.
H1B pending, returning on Advance Parole
Hi immi_tracker, Anindya,
I find your cases directly related to a situation that I am in. This has been my experience:
- While in the US, I got my H1B visa extended (its been 3 yrs since I have been on H1. got it extended by another 3 yrs). But the stamp on my passport had expired.
- Had to travel to India so decided to apply for Visa revalidation at the US consulate in India.
- Applied for stamping at the US consulate in Mumbai on 24th Dec 2003.
- Was asked to go through fingerprinting. they said the results would be back in 4 weeks after which I could walk in for an interview.
- Its already been 4 weeks and havent heard from the consulate yet. Had called them. They do not have any idea as to how much longer it might take.
- My AOS application is also pending. Am done with Fingerprinting while in the US. I have an EAD and AP (valid till 15th March 2004).
Given the experiences I have read in the forum, I seriously doubt if I will hear back about my H1B revalidation case at the Mumbai consulate (pending due to fingerprinting checks) in the near future.
I am not married and was intending to get that over with in this trip. however the boat seems to have run into some turbulent waters. My company has also been understanding about the delay in my return but I do not want to push it.
So, I was wondering if I could travel back on AP without any issues at the port of entry.
Could someone (ginnu??) please please share your experiences or the advice that you have gotten in the past..
Thank you,
-MJ.