H1 visa not stamped but have advance parole

C

chavan77

New Member
Hello all,

1) I have a valid H1-B visa
2) This visa expired about 1.5 years back and I applied for an extension and I have a valid visa now but it has not been stamped on my passport.
3) I have applied for my green card and have received my EAD and advanced parole documents
4) My wife is a co-applicant on the green card and she has received her EAD and parole documents.
5) My wife works with a company that has sponsored her H1-B (even though she has an EAD card. Their reasoning was that she should be independent of my green card outcome)
6) My wife has received her H1-B receipt but has not yet got her approval papers.
7) We need to travel abroad.
8) When I come back, I have two options -->
a) use my parole document to get back in the US
b) get my valid visa stamped on my passport and use that to come back. In that case I need to wait for my wife to get her papers before travelling.
9) If I use option (a) i.e. use my parole documents to get back to the united states, will that invalidate my H1-B ? Will this invalidate the new H1-B that my wife is applying for and has not yet received (In all probabilty she will get it after we come back from this trip).
10) If I want to use option (b), is there any way to get it stamped here in the US without leaving the country? Both our passports show expired H1-B visas (expired for more than a year) ...

Any help in this matter is greatly appreciated. Thanks in advance.

regards
 
Originally posted by chavan77
Hello all,

1) I have a valid H1-B visa
----- do you have vaild VISa stamp in passport? if yes that is VISA, H1 approval notice is NOT VISA
2) This visa expired about 1.5 years back and I applied for an extension and I have a valid visa now but it has not been stamped on my passport.
------ it means you DONT have VISA you have only H1 approval notice, dont mix Visa with H1 approval notice
3) I have applied for my green card and have received my EAD and advanced parole documents
---good, you are in AOS pending AND H1 status
4) My wife is a co-applicant on the green card and she has received her EAD and parole documents.
----- is She parimary or derivative? If her I-485 was filed based on your LC and I-140 then she is derivative and you are primary for I-485 or GC
5) My wife works with a company that has sponsored her H1-B (even though she has an EAD card. Their reasoning was that she should be independent of my green card outcome)
------ that is good
6) My wife has received her H1-B receipt but has not yet got her approval papers.
7) We need to travel abroad.
8) When I come back, I have two options -->
a) use my parole document to get back in the US
b) get my valid visa stamped on my passport and use that to come back. In that case I need to wait for my wife to get her papers before travelling.
---- you are correct, but remember the Bombay consulate and Chennai consulate are creating problems for H1 or H4 visa stamp
9) If I use option (a) i.e. use my parole documents to get back to the united states, will that invalidate my H1-B ?
----- NO, if you are working on H1b with the same employer who filed your latest H1, by entreing on AP still you will be on H1 and can extend your H1

Will this invalidate the new H1-B that my wife is applying for and has not yet received
------ NO
(In all probabilty she will get it after we come back from this trip).
------ how she is going to enter ? does she have valid H4 visa stamp? if your wife filed Change of status from H4 to to H1B then it will be ABONDNED if she goes out. you need to discuss with your lawyer. if she is working on derivative EAD then she can come back to US with AP and once her H1 gets approved then she has to go out of US to get H1Visa stamp and has to enter on H1 status again. what is the problem working on EAD? If your I-140 is approved then I dont think she needs H1B for work , she can work with EAD and can renew EAD 6 months advance of EAD expiry date by sending EAD renewal application to USCIS

10) If I want to use option (b), is there any way to get it stamped here in the US without leaving the country? Both our passports show expired H1-B visas (expired for more than a year) ...
------ you can get H1B or H4 stamped by DOS in US but your H1 Visa has expired more than 1 year and you CANNOT get Visa stamp in US from DOS. FYI DOS is going to stop Visa revalidation in US after 3-4 months.
Any help in this matter is greatly appreciated. Thanks in advance.
------- if you both have valid AP in hand then it is much better to use AP for reentry to US. you be on H1 status and let your wife work with EAD.

TAKE the Print outs and READ for H1 and AP:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

regards
Click to expand...
 
Re: Re: H1 visa not stamped but have advance parole

Originally posted by ginnu
Click to expand...

Hi ginnu,
My situation is similar to that of chavan77,

My h1 ( and my wifes h4) stamp on passport expired in oct 2002 and I reeneterd US in Feb 04 using AP.

I had a valid H1 approval notice valid until Dec 2003. Applied for H1 (and H4 for wife) extension in October 2003. Case is still pending.

My spouses and my AP and EAD will expire in July 04.
Need to apply for renewal ( I read in some forum in this website that I should apply within 90 days of expiry). So I dont have too much time.

My company does not want to pay me for revalidating EAD and AP because they filed H1 for me which I might me getting in a month or 2 ( Applied Oct'03. VSC)

Because my h1 b visa stamping on my passport expired Oct 2002, and from your reply to Chanvan77, I understand that revalidating in Chennai is not a very good idea. I want to apply for EAD online ( AP by mail) without using the services of companys attorney( This way I want to play it safe and cost effective).

Now my Q is, Is it OK to apply for renewal without using the services of the attorney, or are there any risks invloved.

Please help.

Thanks
 
Re: Re: Re: H1 visa not stamped but have advance parole

Originally posted by rakgc
Hi ginnu,
My situation is similar to that of chavan77,

My h1 ( and my wifes h4) stamp on passport expired in oct 2002 and I reeneterd US in Feb 04 using AP.

I had a valid H1 approval notice valid until Dec 2003. Applied for H1 (and H4 for wife) extension in October 2003. Case is still pending.

My spouses and my AP and EAD will expire in July 04.


Need to apply for renewal ( I read in some forum in this website that I should apply within 90 days of expiry). So I dont have too much time.
------ you could have applied renewal of EAD and AP for both of you 6 months advance of EAD expiry date, send EAD and AP application ASAP
My company does not want to pay me for revalidating EAD and AP because they filed H1 for me which I might me getting in a month or 2 ( Applied Oct'03. VSC)
----- they are correct becase the paid for your H1 and H4 extension. now you have to pay for EAD, AP for you and your spouse
Because my h1 b visa stamping on my passport expired Oct 2002, and from your reply to Chanvan77, I understand that revalidating in Chennai is not a very good idea.
----- that is correct, they create problems
I want to apply for EAD online
----apply EAD also with Mail that is much better many had problems with online, if you send by mail it is better and no problem, send EAD renewal and AP applications before 30 April ( becase after 30 th April you have to pay extra $55 for EAD, extra $55 for AP extra 55 for spouse EAd and extra 55 for spouse AP, your applications must reach USCIS before April 30 or pay the NEW fees if it reaches after 30 April)
( AP by mail) without using the services of companys attorney( This way I want to play it safe and cost effective).
------ you can directly file renewal of EAD and new AP for you and your spouse it is simple no need to pay the lawyer
Now my Q is, Is it OK to apply for renewal without using the services of the attorney, or are there any risks invloved.
-------- YES, apply directly, if dont understand form how to fill up then come back to us we will help you. download the forms I-765 for EAD and form I-131 for AP
Please help.

Thanks
Click to expand...
 
Last edited by a moderator:
Re: Re: Re: Re: H1 visa not stamped but have advance parole

Originally posted by ginnu
Click to expand...

Thanks Ginnu for your reply,
I will apply it today(by mail). I have few questions. Because I rentered using AP am I on my H1 or EAD?

And what happens if I file for renewal late( meaning 15 days or so before expiry of my EAD and AP)?

Thanks
 
Re: Re: Re: Re: Re: H1 visa not stamped but have advance parole

Originally posted by rakgc
Thanks Ginnu for your reply,
I will apply it today(by mail). I have few questions. Because I rentered using AP am I on my H1 or EAD?
------ if you used AP and working with the same employer who filed your latest H1and you have valid H1 approval notice from USCIS and never used EAD then you are on H1 and also on AOS pending status
And what happens if I file for renewal late( meaning 15 days or so before expiry of my EAD and AP)?


------ IF apply EAD, AP 15 days advance it is not a problem, but remember EAD is taking 3-4 months and AP approval may take 5to 7 months depending on service center.

dont forget to attach your earlier TOP portion that you recieved with earlier EAD, write your correct home address on Form I-754, attach copy of EAD both the side, copy of I-485 filing copy of I-140 filing or I-485 approval, pay the USCIS fees, attach photographs and write A#, DOB, Name on back side of photographs with pencil and send your passport first page color copy and color copy of your driving licence

***passport first page color copy and color copy of your driving licence are also required with AP application and also attach copy of past AP with other documents

*** always write on cover letter
RE: Form I-765 for EAD renewal and list the documents attached and out side the envelope write in big bold letter FORM: I-765 for EAD renewal

For AP write :FORM I-131 for advance parole
Thanks
Click to expand...
 
Hi Ginnu,
I have a question regarding the 131 renewal form:
I have entered US in Mar on Advance parole and working on EAD. Waiting for 485 approval. What should I write in "Class of admission" ? i was confused with some information given in murthy's site.
http://www.murthy.com/mb_pdf/mar1904.pdf

An Why do we need color copies? It is illegal in US to take color copies of passport. Do they really need color copies?

Thanks for your help.
 
Re: Re: Re: Re: Re: Re: H1 visa not stamped but have advance parole

Originally posted by ginnu
Click to expand...

Ginnu,
I really appreciate your patience, but this answer raised another question.

Ginnu wrote
------ "if you used AP and working with the same employer who filed your latest H1and you have valid H1 approval notice from USCIS and never used EAD then you are on H1 and also on AOS pending status"


Now here is my situation

I used AP to reenter, and am working with the same employer who filed my latest H1(GC as well), however my latest h1 is not approved yet. My earlier h1 expired on Dec31 2003, filed for h1 extension in Oct 2003 but travelled from Dec-30th 2003 to Feb 28th 2004 and reenterd using AP.

Now the question again is am i on H1 or EAD?

Thanks again in advance
 
Re: Re: Re: Re: Re: Re: Re: H1 visa not stamped but have advance parole

Originally posted by rakgc
Ginnu,
I really appreciate your patience, but this answer raised another question.

Ginnu wrote
------ "if you used AP and working with the same employer who filed your latest H1and you have valid H1 approval notice from USCIS and never used EAD then you are on H1 and also on AOS pending status"


Now here is my situation

I used AP to reenter, and am working with the same employer who filed my latest H1(GC as well), however my latest h1 is not approved yet. My earlier h1 expired on Dec31 2003, filed for h1 extension in Oct 2003 but travelled from Dec-30th 2003 to Feb 28th 2004 and reenterd using AP.
------ on H1 status as you are NOT using EAD and timely filed H1 extension

Now the question again is am i on H1 or EAD?
----- if used EAD then on AOS pending if H1 extension filed and pending and EAD not used then on H1 status
Thanks again in advance
Click to expand...
 
Originally posted by Raja2004
Hi Ginnu,
I have a question regarding the 131 renewal form:
I have entered US in Mar on Advance parole and working on EAD. Waiting for 485 approval. What should I write in "Class of admission" ? i was confused with some information given in murthy's site.
http://www.murthy.com/mb_pdf/mar1904.pdf
------ many are confused, write on the cover letter CLASS OF ADMISSION: My I-485 is pending with service centerZZZZZ last time I entred on Advance parloe and my status is AOS pending

***on form I-131 write AOS or Parole
An Why do we need color copies? It is illegal in US to take color copies of passport. Do they really need color copies?
------- yes they need color copy of the firt page of your passport that has your photograph, DOB, Name and photograph and color copy of your driving licence. I think it is for security, for more info why they need color copy you can write to USCIS director
** to take color copy of your DL or PP is not illegal, only Kinko create problems you can scan or get color copy from staples
Thanks for your help.
Click to expand...
 
You must log in or register to reply here.
Top