Help! Can I still apply for a H1B visa stamp?

V

veggy

Registered Users (C)
Situation:
I filed I-131 and it's still pending.
I need to travel internationally.
My H1B visa stamp in my passport has expired, however, my H1B status (I-129) is still valid till 2008. This is because I am from China and the H1B visa stamps for travel puprose they give to Chinese citizens are only valid for 3 month and 2 entries. I know this sucks baddly comparing to other countries who can get multiple entry H1B visa stamps and good for 3 years.

Question is: can I still get a H1B visa stamp from a US embassy with a pending I-131 AP application? I was told by my lawyer that my only option for international travel is to have the advance parole travel document in hand before I leave the U.S. If I have not received my parole document, I cannot leave the country because I will not have a mechanism for returning to the U.S.

Is it true?
 
if you have a valid I-129.....then you should be able to get a new visa stamp by taking an appointment with us consulate (outside usa) wherever you are going.......visa stamp is no way linked to I-131....particularly for H and L categories...
 
Thanks Tech2468. I thought the same thing until my attorney told me differently. Well, it's for a business trip and I am not willing to take any chance just in case she's right, and she has been an excellent attorney so far.
Where are your cases being processed, NSC? It seemed that your cases got processed a lot faster than mine, which has not been touched at all... :(
 
veggy said:
If I have not received my parole document, I cannot leave the country because I will not have a mechanism for returning to the U.S. Is it true?
Click to expand...

No, it's not true, but your attorney has a point.

Legally, you can leave the US, get the stamp and re-enter. However, what would happen if you were unable to get the stamp?
 
TheRealCanadian said:
No, it's not true, but your attorney has a point.

Legally, you can leave the US, get the stamp and re-enter. However, what would happen if you were unable to get the stamp?
Click to expand...

Yes, you must be right.

However, I have been traveling a lot for business purpose and I must have like 10 H1B stamps on my passport (how sad! all tears! so many times I had to go through this dreadful process!), my attorney never said anything until now, that is I have finally got over the labor certificate stage and moved to I485...
 
techy2468 said:
if you have a valid I-129.....then you should be able to get a new visa stamp
------------I-129 is form that is sent to USCIS for H1 extension or new H1. it is not approval notice one need to have approval notice in hand for H1 visa stamp
by taking an appointment with us consulate (outside usa) wherever you are going.......visa stamp is no way linked to I-131....particularly for H and L categories...
Click to expand...
 
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