H1B stamping or AP?

[ilovethe80s]

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!

 

[ginnu]

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!

she should try to get H1 visa stamp from US consulate and if Problem in Visa stamping then she can use Valid AP to enter US. (AP must be approved while she is in US and enter before AP validity date)