How safe is to come back with Advanced Parole

M

mgcho

Registered Users (C)
I am now on H1B (status, not visa stamp as I came here with B1 visa). My 6th year will be in July 2008. I am planning to go back to Thailand on March 2008. My 485 pending and EAD with application receipts in hand,
1. How safe is advanced parole to allow me to come back to US?
2. Should I go to Canada and H1 stamp before I go in March 08?
3. As March 08 date is close to end of 6th year H1B in July 08, should I apply for extension of H1B in Canada or extend while in US and get H1B stamped in Canada?

Thanks.
 
mgcho said:
I am now on H1B (status, not visa stamp as I came here with B1 visa). My 6th year will be in July 2008. I am planning to go back to Thailand on March 2008. My 485 pending and EAD with application receipts in hand,
1. How safe is advanced parole to allow me to come back to US?
2. Should I go to Canada and H1 stamp before I go in March 08?
3. As March 08 date is close to end of 6th year H1B in July 08, should I apply for extension of H1B in Canada or extend while in US and get H1B stamped in Canada?
------------------H1 Extension are filed only with USCIS in US. From US consulates you get H1 VISA stamp not extensions. dont mix H1 extension from USCIS and Visa stamp from US consulates
Thanks.
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1 apply H1 extension (one can file H1 extension 6 months before I-94 expiry date) with USCIS. it may take 3-5 months for extension. if you file with premium processing then you can get H1 extension approval in 20-25 days. Then..
2 you can go to your country or can get H1 Visa stamp with H1 extension paper from Mexico or Canada
3 if you want to use AP to reenter US then apply AP when you are IN US and AP need to be approved before you go out of US
 
mgcho said:
I am now on H1B (status, not visa stamp as I came here with B1 visa). My 6th year will be in July 2008. I am planning to go back to Thailand on March 2008. My 485 pending and EAD with application receipts in hand,
1. How safe is advanced parole to allow me to come back to US? AP is a document to allow you to reenter the US if your pending I485 is in good status (not denied). It is as safe as any valid visa with anyone else.
2. Should I go to Canada and H1 stamp before I go in March 08? Up to you, but why if you have valid AP which will not affect your H status if you use it for reentry
3. As March 08 date is close to end of 6th year H1B in July 08, should I apply for extension of H1B in Canada or extend while in US and get H1B stamped in Canada? you can extend your H before its expiration here in the US and again up to you if you want to have stamp or not. If the H expire without extension you may not be allowed to extend it anymore and the EAD is your only option to work bythen.
Thanks.
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mmed said:
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Dear mmed,
Do you mean, if I use my AP and come back, I will not lose my H1 status? I do only have H1 status only (which was endorsed on my F1 student status). H1B green slip. I do not have H1 visa stamped on my passport. I applied AP in August.
Thank you.
 
Last edited by a moderator:
mgcho said:
Dear mmed,
Do you mean, if I use my AP and come back, I will not lose my H1 status? I do only have H1 status only (which was endorsed on my F1 student status). H1B green slip. I do not have H1 visa stamped on my passport. I applied AP in August.
Thank you.
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Yes, you can use AP to return to US and also you will not lose your H1 status.
 
mgcho said:
Dear mmed,
Do you mean, if I use my AP and come back, I will not lose my H1 status? I do only have H1 status only (which was endorsed on my F1 student status). H1B green slip. I do not have H1 visa stamped on my passport. I applied AP in August.
Thank you.
Click to expand...

Yes you can use AP without losing H status. You will enter back as parolee with retaining H status. You do not need H stamp at all. This will save you from going to consulates overseas and spending money, time and effort. Why people bother doing H stamp with valid AP I don not know. And who said that having H stamp or even the green card itself will give you 100% garantee to reenter back.
 
Zandi said:
Incorrect. You will enter the US as a Parolee, not H-1B Worker
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This is incorrect and misleading answer. he/She will reenter as parolee and will remain H status. Using the EAD is the issue that will lead to losing the H status and NOT the use of AP
 
mmed said:
This is incorrect and misleading answer. he/She will reenter as parolee and will remain H status. Using the EAD is the issue that will lead to losing the H status and NOT the use of AP
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Thank you mmed. You are right. I emailed my lawyer today as my AP is approved and she said I will keep my H1 status if I come back with AP (even though I do not have H1 visa stamp) as long as I am working with same employer.
 
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