h1 not stamped can i use AP to enter

laborguy

Registered Users (C)
guys,
I haven't visited india after I got my h1, my first three years of h1 will be over by october and I have applied for my extension.

Also I have applied for I140/485 and will be getting AP soon.

So can I visit India and come back on AP eventhough i don't have h1 stamping. I really don't want to go through the chennai consulate for h1b stamping.
 
If you already have H1B visa stamped earlier you can get that visa revalidated while you are within USA from State Department. You will have to send the passport and H1 papers to the State Department.

On a recent visit to my attorney I have learnt that using "Advance Parole" will make you a "Parolee" and you will not be on H1 anymore. She advised me not to use AP unless absolutely necessary. This will obviate issues that can arise out of 140/485 processing.
 
I dont have h1b stamped since i never visited india after I got my h1. and as i said I dont want to go to chennai consulate for stamping hence want to use ny AP to reenter US.
 
laborguy said:
guys,
I haven't visited india after I got my h1, my first three years of h1 will be over by october and I have applied for my extension.

Also I have applied for I140/485 and will be getting AP soon.

So can I visit India and come back on AP eventhough i don't have h1 stamping. I really don't want to go through the chennai consulate for h1b stamping.

You can use AP to enter USA and still be on H1b visa - no issues.
 
laborguy

I am in the same boat. I am in H1 status but no H1 stamp in my passport b/c I never went back to my home country after I changed my status from F1 to H1.

Now I am going to use AP(based on pending I-485) this summer. I heard that using AP will NOT make my H1 invalid, as long as I still work for the same employer. However, some lawyers think one will lose H1 by using AP. Have you got the final answer to this issue? Thanks.



laborguy said:
guys,
I haven't visited india after I got my h1, my first three years of h1 will be over by october and I have applied for my extension.

Also I have applied for I140/485 and will be getting AP soon.

So can I visit India and come back on AP eventhough i don't have h1 stamping. I really don't want to go through the chennai consulate for h1b stamping.
 
Adv Parole

My attorney said using AP would make me a PAROLEE which means that I am NOT on H1 status. This does not mean that H1 is invalid. She said I could go back to H1 status. The context I asked her the question was - if I could get a standby H1 if something happened to the current GC process and if I used AP to visit India.
 
msatl said:
My attorney said using AP would make me a PAROLEE which means that I am NOT on H1 status. This does not mean that H1 is invalid. She said I could go back to H1 status. The context I asked her the question was - if I could get a standby H1 if something happened to the current GC process and if I used AP to visit India.

Some miscommunication about the second half of first sentence. AP is a travel document.
 
What she said was: use of AP would make you PAROLEE when you re-enter, which will not be the same as H1 holder. Her advice was to use H1 visa, rather than AP.
 
Don't Worry - I am in the same situation, and I use the AP every week

Hi All,

My case is similar to LABORGUY. I have been in the US on H1B since last 6 years, with extended H1 for the 7th year, and lately I even applied for the 8th year extension.

I have never been out of the Country since last 7-8 years, and I don't have the H1B stamp in my Passport. (Make sure, you have been legal - all the while you were in the US - I mean between jobs, and etc.)

I now have my AP through my spouse.

Last month, I happened to get a project in Canada, and got the opportunity of using AP.

As I write this, I have used my AP for 3 times. Three times, I came across three different officers, and my experiences are as below:

While flying into U.S. from Toronto, the immigration is done in TORONTO itself (as many of the flights (Domestic and International) fly through Chicago).

My 1st Incident:

I walked to the Desk of an immigration officer, and I gave all my documents to the Officer.

a. First thing he did was silently go through the passport and look for the last U.S. Visa (any kind - B2/B1, F-1, L, or H) stamp used to enter into US. In my case, I had a Visa (B2) stamped about 7 years ago. I showed him that, and he said OK, and started sliding the Visa through a Scanner/Reader.

b. He punched couple of Keys, and started looking for some stuff. ( I have no clue, what he was looking for.

c. He said 'Come along with your bags', and slowly walked me into a Big office, with some small office rooms and chairs for the Visitors. He asked me to sit down, and said, 'Please take your seat, and we will work on this ASAP, and we'll get you going". That last word kinda gave me relaxation.

d. After about 10 minutes, a lady Officer called me and asked me the following
i. Who is your employer?
ii. Where do you reside?
iii. Your address on the AP shows Atlanta, and you live in California?
A. Yes, I used to live in Atlanta, and lately I moved to California, and I ahd informed the USCIS.
iv. Who is sponsoring? - My wife's employer
v. Name of the Spouse's employer?
vi. What does she do?
vii. What do you do?

All this was recorded in a camera, and she had old me that whatever you say will be recorded

Finally she said you are good to go and stamped on the I-94, the Customs Form, and the Boarding Pass.

Second Time

Second time, I had a more serious Officer, and he got bit upset, because I had not filled my I-94 form, till I reached his desk. Any way, he asked me the same question, about last Visa, and punched in a few keys on the Keyboard, and looked through some stuff, and finally walked me to the Office and made me sit there.

After few minutes, another Officer had called me in. He was also a serious person. Initially he could not figure out what was going on with my case all together.

Q.1. On what status did you enter the U.S. ?
A.1. B-2

Q.2. All the while you were on B-2 Visa and staying in the Country?
A.2. No, I had been on H-1B.

Q.3. Were you with the current Company since 1997? (I guess, they could get my current Company Name, but I am not sure)
A.3. No, I had changed couple of companies, since then. (and started giving out names)

Q.4. So, later you got your resident permit processed and then you have the permit?
A.4. I said, yes, I have the AP through my spouse, and my H1B extension is also filed with the current company. ( I showed him the copy, and he did not bother much, but just peeped at it.) Finally he could look at, all the records - from my first company till date.

He said, you are OK, and stamped on the I-94.

He asked me, if I had any questions.
I said yes, and asked him about the I-94 being dropped off when leaving the Country. I was told by the previous officer, that, every time, I need a I-94, I need to go through this exercise. So whatis the other solution, if I don't have to come in again.

He answered me pretty well.

He said, that if I am leaving to any of the two countries in North America (Mexico and Canada) and provided I am returning within 30 days, I don't have to drop off the I-94.

I thanked him, and left with the Boarding Pass.

Third Time

This time, as I already knew the process, I was very comfortable. ( I know, you all are thinking why did I drop off the I-94, if I was coming back within a week. - Well, I needed to find out more stuff (basically more Questions) for one of my friend's who is in a similar situation like we all are)

But Guess What, though this time I had been taken into the room. One of the Officer's went through my Passport, and took couple of minutes, and came out of his office, and gave me the Passport and said - 'Mr......... you are all set and you can go'

I thanked him and got out of that Place.

This week will be my fourth week, and I need to see ......

Hope this helps (Sorry for the Long Story - but I thought of giving every thing) ;)
 
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