LOOKING FOR SOME EARLY HELP !!!!! PLEASE RESPOND ASAP>>>>

K

knp_bpl

New Member
Guys,
I am going to India sometime next week and my 485 petition is in pending. I got advance parole and EAD around 3 months back. My current H1 is not stamped in the passport(got new I-94 with expiration in next year ie 2003). My question is :
If I go to India on Advance Parole, will there be any problem(leaving US in not a problem) but when I come from India do I will have any problem since in passport VISA is not stamped. I beleive not, since I have the advance parole. How about when I leave from Delhi Airport in India?
Guys please respond as I have very less time to decide.
Thanks in Advance
knp_bpl
 
No Problem

Since you have your Advance Parole, the fact that you do not have your visa stamped does not matter. When you are returning show the advance parole to the immigration officer at the Delhi airport and they will let you board the flight. When you arrive in the US, immigration officers here will take your advance parole and check their computers to make sure it is authentic and let you in. Occasionally they may ask to look at your recent pay stubs or employent letter from your employer if the case has been pending for a long time. Make sure to carry them with you. Also keep copies of you I-485 receipt and EAD (original). You should not have any problems. However please be advised that when you return on advance parole you will no longer be on your H1B visa and will be using your EAD. This may or may not be something you want. If you want to continue on H1B, you should get your visa stamped. Please consult a competent lawyer to analyse your options.

Good luck
 
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