H1b and Parole

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Any comments on these?

1.Can H1b visa be used when the case is in “485 Adjustment of Status ” or Advance parole is a must. I have an advance parole, but don’t want to use AP for the reason that H4 cannot be issued to spouse later if AP is used- is that RIGHT?

2. Well I’m going to India shortly Do you know if I can still get my h1b Visa stamped and return on H1b without invalidating my current “485 Adjustment of Status ”.

3. What are the options avaliable if AP is used, and then married to a resident in India

Appreciate one reading this post and has an answer.

Thanks

 

[ginnu]

Any comments on these?

1.Can H1b visa be used when the case is in “485 Adjustment of Status ” or Advance parole is a must.
--------if you have valid Visa stamp then you can use valid Visa stamp

I have an advance parole, but don’t want to use AP for the reason that H4 cannot be issued to spouse later if AP is used- is that RIGHT?
--------------better use H1 (FYI use of AP does not invalidate H1 status if you are working for the same employer who filed your latest H1 and can also file H1 extension)
2. Well I’m going to India shortly Do you know if I can still get my h1b Visa stamped and return on H1b without invalidating my current “485 Adjustment of Status ”.

-----------check the dates on US consulate if you can get visa stamp then enter with H1 stamp
3. What are the options avaliable if AP is used, and then married to a resident in India
----------------it seems that your spouse is in India and I-485 is not filed for spouse. if that is true better remain on H1 status bring spouse on H4 and file I-485 of spouse (if PD is current for you) or maintain H1 status so that your spouse can get H4 and can come to US on H4
Appreciate one reading this post and has an answer.

Thanks

for more info on H1, AP read the below links:

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/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

http://www.murthy.com/chatlogs/chat0816.html

 

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Hello Ginnu,

Thanks for your clear and detailed answer- You are the man! It’s sad that lawyers don’t explain as clearly as you did
Hope this post will help others.

Thanks for your time.