expired H1B visa stamp and Advance Parole

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octav

New Member
Hello,

I loked over the postings to this forum, but still it is not quite clear for me....

I have:
1. Valid H1B status
2. Expired H1B visa stamp
3. The Advance Parole
4. I do not have yet the EAD.

I am planning to travel now and I am not sure which of the following is correct:
a. If I enter on Advance Parole I will be out of H1B status.
Is this correct? Or I can use my H1B Approval Notice and Advance Parole at the POE and still stay in H1B status?
b. To maintain my H1B status I have to get a new valid H1B visa stamp in my passport at the consulate and use this visa stamp to enter to US.

I have tried to find an answer to this in AC21 memo...without much luck.

Thanks,
Octav
 
I have:
1. Valid H1B status
2. Expired H1B visa stamp
3. The Advance Parole
4. I do not have yet the EAD.

I am planning to travel now and I am not sure which of the following is correct:
a. If I enter on Advance Parole I will be out of H1B status.
--- NO, you can use AP to enter and can maintain H1B status, later when you reach US you can also Revalidate your H1B visa from Department, you are not on H1B if you used EAD and filed form I-9 with employer
Is this correct? Or I can use my H1B Approval Notice and Advance Parole at the POE and still stay in H1B status?
---Yes you can, read Murthy chat for more details
b. To maintain my H1B status I have to get a new valid H1B visa stamp in my passport at the consulate and use this visa stamp to enter to US.
---- it is up to you, you can get H1b visa from consulate or enter on AP and later revalidate H1B visa stamp from Department IF your old H1B visa sticker has not been expired more than 1 year but to maintain H1B status you do not need Visa sticker if you are working on H1B and have approval of H1B, Visa sticker is just to enter US, status is maintained by I-94 or you should be working with employer on Valid H1 approval
 
Does it mean that if I enter using my Advance Parole, expired H1B visa stamp and my H1B approval notice I will get marked in my I-94 the H1B status?

Sorry - I could not find the information in murthy chat archive (searched for Advance Parole). The closest what I found is:
----------
Question : I have applied for I-485. Do I need a receipt of I-485 if I am returning after a travel outside USA?
Answer : The INS Memo states that the person should show the original I-485 receipt notice and the H1B approval notice and unexpired H1B visa stamp to enter on H1B status, to reenter legally. If you return on advance parole you do not necessarily need to show the receipt.
-----------

Do you have any references to INS memos regarding this issue?

Thanks a lot,
Octav



Originally posted by ginnu
I have:
1. Valid H1B status
2. Expired H1B visa stamp
3. The Advance Parole
4. I do not have yet the EAD.

I am planning to travel now and I am not sure which of the following is correct:
a. If I enter on Advance Parole I will be out of H1B status.
--- NO, you can use AP to enter and can maintain H1B status, later when you reach US you can also Revalidate your H1B visa from Department, you are not on H1B if you used EAD and filed form I-9 with employer
Is this correct? Or I can use my H1B Approval Notice and Advance Parole at the POE and still stay in H1B status?
---Yes you can, read Murthy chat for more details
b. To maintain my H1B status I have to get a new valid H1B visa stamp in my passport at the consulate and use this visa stamp to enter to US.
---- it is up to you, you can get H1b visa from consulate or enter on AP and later revalidate H1B visa stamp from Department IF your old H1B visa sticker has not been expired more than 1 year but to maintain H1B status you do not need Visa sticker if you are working on H1B and have approval of H1B, Visa sticker is just to enter US, status is maintained by I-94 or you should be working with employer on Valid H1 approval
Click to expand...
 
Need advise Octav

Hi Friends,

NEED URGENT HELP....

My 485 is under process & I gave my FP on Aug 20th. My H1 expired in Oct 02 though I have filed for H1 extension in July but renewal hasnt come till now. I came to India for marriage + official
work 3 mths back, was looking for a partner & just today found the the person i am going to marry
I am planning to fly on Dec 31st as I need to report for work on Jan 2nd. Since there are hardly any days left for me to report for work I plan to go for a court marriage to safeguard my
spouse future GC filing (AOS), Leave wife in India, use my AP to enter US & later come back in March with renewed H1 and also wife with H4.

My only question to the people are:

Can I enter US with AP right now and later enter with extended H1 with wifes H4. Will INS allow me to enter with renewed H1 if my 485 wouldnt have been approved till that time. I have differnt
ideas on this issue. Some say one can still enter on AP and later renter on H1..Some say once you enter on AP you have to work on EAD.

PLS ADVISE.. I would really Appreciate guys..

Thanks A tOn
 
Re: Need advise Octav

Unfortunately I do not know the answers for this questions...
I am not an expert... just trying to find myself some answers...

Originally posted by Nice_guy73
Hi Friends,

NEED URGENT HELP....

My 485 is under process & I gave my FP on Aug 20th. My H1 expired in Oct 02 though I have filed for H1 extension in July but renewal hasnt come till now. I came to India for marriage + official
work 3 mths back, was looking for a partner & just today found the the person i am going to marry
I am planning to fly on Dec 31st as I need to report for work on Jan 2nd. Since there are hardly any days left for me to report for work I plan to go for a court marriage to safeguard my
spouse future GC filing (AOS), Leave wife in India, use my AP to enter US & later come back in March with renewed H1 and also wife with H4.

My only question to the people are:

Can I enter US with AP right now and later enter with extended H1 with wifes H4. Will INS allow me to enter with renewed H1 if my 485 wouldnt have been approved till that time. I have differnt
ideas on this issue. Some say one can still enter on AP and later renter on H1..Some say once you enter on AP you have to work on EAD.

PLS ADVISE.. I would really Appreciate guys..

Thanks A tOn
Click to expand...
 
Octav, You will not get h1 status in I94. But U can get h1 stamped later using AP I94. Avoid including the previous post in your answers.
 
Thanks Jaxen.

Sorry - just an old stupid habit to reply with quotes...

Do you know any memos or documents regarding this? Since my lawyer is still insisting that I do have to get the H1 visa stamp in my passport or otherwise I will be out of status after returning on AP.


Thanks a lot,
Octav
 
No memos, ask lawyer for memos which insist on this link between Ap and EAD, especially for employment based category. Ask lawyer why H (and L) visa holders do not need Ap? Ask lawyer why if you are going to be with the sponsoring employer H1 or EAD is a concern as w9 is filed with employer and both authorize employment?
 
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