H1B stamping or AP?

ilovethe80s

Registered Users (C)
My sister came to the US on a B1/B2 in June 2004, got her H1B status in Nov 2004. Her current H1B status expires in Nov 2010. She also has an approved I-140 and a pending I-485. Still working for her H1 and I-140 sponsor now.

She has never left the US since 2004. If she flies to our home country now, which is a more prudent choice -- to use Advance Parole to re-enter the US or to apply at the US Consulate for an H1B visa stamp on her passport?

What are the chances of getting a denial at the US Consulate if she applies for H1B stamping? If it's denied, can she still use AP to re-enter? We're not from India, we're from the Philippines. We have no idea what the approval rate is at our Consulate for an H1 visa (if said person initially entered as a B1/B2, probably frowned upon, but not sure if it's a basis for a denial).

THANK YOU ALL!
 
Better use AP to re-enter at the same time keep the H1 status intact until I 485 gets approved.


My sister came to the US on a B1/B2 in June 2004, got her H1B status in Nov 2004. Her current H1B status expires in Nov 2010. She also has an approved I-140 and a pending I-485. Still working for her H1 and I-140 sponsor now.

She has never left the US since 2004. If she flies to our home country now, which is a more prudent choice -- to use Advance Parole to re-enter the US or to apply at the US Consulate for an H1B visa stamp on her passport?

What are the chances of getting a denial at the US Consulate if she applies for H1B stamping? If it's denied, can she still use AP to re-enter? We're not from India, we're from the Philippines. We have no idea what the approval rate is at our Consulate for an H1 visa (if said person initially entered as a B1/B2, probably frowned upon, but not sure if it's a basis for a denial).

THANK YOU ALL!
 
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