Guru's please help me, in deep trouble.

P

pbkreddy

Registered Users (C)
Hi Gurus,

Can I use my AP without any issues at port of entry,which is with me right now in INDIA and had to visit INDIA for 10days for my H1 B stamping , which got stuck due to some investigation needed from US Embassy in INDIA, I don;t know how log would it take.

IMP: ON my previous expired visa it's stamped as "CANCELLED WITHOUT PREJUDICE".

Went for H1B visa stamping in INIDIA and got stuck without getting stamped and was told that they need some time to get back to me, wanted to talk to some other officials in Vancover where I was asked to go to INDIA back in 2000 and later got stamped in 2001 for different Company in Chennai, but it's on hold this time.


Thanks for your help.
 
Cheekoo

Thanks for your reply. I don;t know how long would it take. I can;t wait so long since I will be losing the projectI have now.

Would I be able to enter using Advance Parole? My passport is stamped on my prev expired visa "CANCELLED WITHOUT PREJUDICE"

Any one with same experiance? Guru's ( Jharkandi,Unitednations, Ginnu , Nemises and others ) please respond.


Thanks
 
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What I understand is your passport with them for stamping. Is that right? I also have same message "CANCELLED WITHOUT PREJUDICE" stamped in my passport. I asked to cancel the H1B stamping during 1995 for getting another company H1B stamping. But there is not problem after that. Dont worry. It will take few more days.

If you could take some more days off, Better stay there and get stamping and come. I think if you use AP, your H1B status will be invalid. Not sure.

Thanks
 
I would think it is not a problem entering with AP ... see the following links from murthy site..might help

Chat User : If I travel abroad and reenter the U.S. with AP, will I still be able to work under H1B instead of using EAD in case I change employers using AC21? Thanks!

Attorney Murthy : When a person wishes to change employers under AC21, then s/he will need to file a new H1B petition to work for the new employer in order to maintain H1B status. Otherwise, the person will need to use the EAD to work for the new employer. One is allowed to file an H1B extension of status (EOS) with the same or a new employer, even if the person had entered the U.S. on the AP.

http://murthy.com/chatlogs/ch100305_P.html


Chat User : If my H1B extension is in process and I use advance parole, will my H1B be cancelled?

Attorney Murthy : Generally, using the AP to travel and reenter should not automatically cancel the H1B extension pending. Although there is a lot of gray area in this field, the Legacy INS memos of March and May 2000 seem to allow flexibility and allow a person to be able to enjoy both statuses while on H1B or L-1 or for the dependents. The last action of the USCIS will usually govern under the last action rule, so that if the last action is the entry on AP, then one is a parolee and not on H1B, but future extensions of H status are still permitted.

http://murthy.com/chatlogs/ch102405_P.html
 
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I am sorry guys..I was thinking to write ..I would think "It is not".. some how missed my not...my bad...sorry.
 
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