H1B or AP

[itshuman]

Hi,
I have valid Advance Parole (AP) and EAD. My H1-B ( 797) is valid upto Apr2006 but my passport does't have it stamped. It got it expired last november. I plan to travelling to india in december. Now for coming back, I have 3 options.

1. I get my H1-B extension stamped at US Consulate in Delhi, India and use that stamping while entering to US.

2. I just use AP while coming back.

3. I do both 1 and 2, and tell everything to immigration officer.

Question on 1. Will it affect anything on my I-140/I485 application , do I need to show I-485 receipt notice or any other documents to immigration officer.

Question on 2. In this case what's the status I'm on? Will I be on AP/EAD or H1. In case when I want to use H1-transfer to other company ( just worst case scenario) after coming back, will my H1 ( which is valid upto 2006) still remain valid?

What is preferable in this scenario - using H1 or AP. I want o maintain my H1 status making it available to me till 2006 in case my 485 takes time.

Please advise.
Thanks

 

[ginnu]

Hi,
I have valid Advance Parole (AP) and EAD.
My H1-B ( 797) is valid upto Apr2006 but my passport does't have it stamped.
It got it expired last november.
I plan to travelling to india in december. Now for coming back, I have 3 options.

1. I get my H1-B extension stamped at US Consulate in Delhi, India and use that stamping while entering to US.

2. I just use AP while coming back.

3. I do both 1 and 2, and tell everything to immigration officer.
------ why to tell? tell or show ONLY what is asked, if you get H1 Visa stamp then enter with H1 visa stamp if problem in Visa stamping use your Valid AP

Question on 1. Will it affect anything on my I-140/I485 application , do I need to show I-485 receipt notice or any other documents to immigration officer.
------- if you are reching US with AP better keep I-485 filing reciept and show only if Asked at POE becase with your AP they can check in USCIS computer system that you have pending I-485 and they know when AP was approved they have every info about you and can check with your A#
Question on 2. In this case what's the status I'm on? Will I be on AP/EAD or H1. In case when I want to use H1-transfer to other company ( just worst case scenario) after coming back, will my H1 ( which is valid upto 2006) still remain valid?
------ if you use AP and you will be working with employer who filed your latest H1 then you will be on H1 even if you use AP
What is preferable in this scenario - using H1 or AP.
---H1
I want o maintain my H1 status making it available to me till 2006 in case my 485 takes time.
----- try to maintain H1 status
Please advise.
Thanks

 

[itshuman]

Thanks ginnu,
As you said, if i come back on AP and i'm with current employer, i'll remain on H1 and in that case if i need to to do H1 transfer to another company, that should not be a problem. please reconfirm

thanks a lot for your suggestion..

 

[puneesh]

ginnu ,
I am in a similar situation. My question greatly appreciated if you can help me, is if for some reason H1 B visa is not granted by the counsulate would I still be able to reenter in AP ie refusal of visa will not invalidate the AP?


Thks