H1 Visa Vs Advance Parole

M

Madman72

Registered Users (C)
Friend of mine planning to make a visit to India.

He has a valid H1 (to be revalidated) and I-485 Pending with EAD and Advance parole. His wife has a EAD and Advance parole.

If he gets visa revalidated in India, Can he enter US in his (new) H1 Visa and his wife to enter through Advance Parole. Will there be a problem?

Thanks in advance
~Mad
 
I had a similar problem while i went to canada on long weekend. I was on H1 and my wife was on AP. We had been to india in FEB and at that time when we came back, the officer allowed me to enter on H1 and my wife on AP. But when I was coming from Canada, the officer said that I cannot enter on H1 and I need to enter on AP. Unfortunately I had not taken my AP with me. She asked me to go back to canada and refused me entry. Finally I had to talk to the supervisor and told him that its perfectly legal for me to enter since I can have both status at the same time. My h1 is valid till next year. The officer asked me "How I can be on h1 and AOS at the same time". I said the 7th year extension rule clearly says that your GC must be pending for one year and then only we can apply for H1 extension. That means I can have H1 and AOS at the same time. Then the officer allowed me but he put AOS on my I94.

It totally depends on the officer at airport. If he is now knowledgeble, you might have problem. So the best solution is to take AP with you. Dont show it unless they ask for it.

msomani
 
Thanks for replying in detail about your situation.

Only problem for him while coming back, he is planning to come back two weeks earlier to his wife. I dont see any problem for him to enter using H1 visa.

But while his wife enters through AP, do they check anything from their system to see if the primary candidate has entered thru AP?

Thanks again

~Mad
 
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