Jim R U Sure ?.

[gime gc]

U answered as follows to my question below.

U\'r Answer:

You will be stuck outside the US until your extension is approved. You will then need to go to the consulate to have H-1 and H-4 visa stamps issued.

Jim.

My Question:

I have this following situation.I have noticed that you are an expert in
mmigration maters.Please clarify my doubts. My H1 is expiring in end of march and I am not sure whether I will get my extension by then.I am planing to visit India some time in march and return most posibly in April.I am planing to apply for advance parole and use the same if I dont get my H1 extension by then. Please let me know whether my H1 becomes invalid if I use Advance Parole for travel. If H1 becomes invalid is it possible to get back to H1 status once I get my
H1 approved and If yes How do I do that ?.I am planing to get married while
in India and I need to be in H1 status to get my spouse on H4.
Please let me know what are my options. Thanks a lot

According to Rajiv Khanna:

R U Sure about u\'r answer.I contacted Rajiv Khanna after that and according to him I can return back on H1, but my H1 will be suspended, but I can reactivate ?.

 

[Jim Mills]

I can\'t find the message that you referenced but it sounds as if your situation is different from

Of course, it\'s possible I misread the question that you referenced.
Let me try to answer your specific questions:

QUESTION:
Please let me know whether my H1 becomes invalid if I use Advance Parole for travel.

ANSWER:
No. Travel on AP does not invalidate the H-1.

QUESTION:
If H1 becomes invalid is it possible to get back to H1 status once I get my H1 approved and If yes How do I do that?

ANSWER:
The H-1 will not have become invalid but the stamp will have expired. You will not be able to get an H-4 for your spouse until you get your new approvbal notice.

QUESTION:
I am planing to get married while in India and I need to be in H1 status to get my spouse on H4.

ANSWER:
See answer above. Since your H-1 will have expired you will not be able to get an H-4 for your spouse until you get an approval notice.

Sorry for the confusion.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702