New H1B stamping while on Advance Parol

D

dipsydoo

Registered Users (C)
Hi,
One question for gurus.
I don't have H1b stamped on my passport (I made B1 to H1 in US) but never been out of status. Can i apply for H1B at local consulate in India after going on advance parol?
If they refuses that(because visa officers gets mad if you bypass the), can i come back on advance parol.
Your feedback will be appreciated.
 
I am in the same boat are you are
F1->H1->485
i don't have my H1 stamp on my passport, i got my AP and now i am travelling to my home country. I am planning to apply for H1 visa there.
I had asked the same question before, and within a week or so, I am going to ask my lawyer this same question.
I will let you know what he tells me.
I tried emalling the consulate in india, but no reply. I will call them too, and ask them.
Please also update me if you find out anything yourself.
 
Guju
Sure I will. I'm also writing to various authorities for a meaninful explaination.. either Yes or no. till now no respose
 
Hi guju ,

Could you please let me know too as to what your lawyer says. I too changed from J-1 to H1B. My J-1 visa expired in june 1999, changed to H-1 in Jan 2001 (meaning valid till Jan 2004) but never left the US and hence dont have H-1 stamping in my passport. I have applied for my H-1 extension and advance parole (my I-485 is pending). Planning to go to India once I get both the extension and AP.
Thanks
 
I just got off the phone with my lawyer, and this is what he said:

Good News:
1. Even thought I have 485 pending, I can most certainly go to the consulate in India and apply for H1.

2. I told him that I never applied for H1 VISA stamp before, but I have been on H1 since March 2001 - transferred from F1. He said that it will not be a problem at all.

3. If for any reason my H1 is denied, I CAN re-enter USA using AP, and that should create no problems.

4. If I get my H1 visa and re-enter on H1 Visa, then I will be able to extend my H1 in March 2004 for the next three years.

Bad news:
1. He mentioned that if I apply for H1 and get denied, and then I re-enter using AP, then I will be no longer on H1 status. I will require EAD to work.
 
Your lawyer is absolutely correct!!

Please make sure that your visa application at the consulates is accurate, i.e. say Yes to the question, Have you or has anyone else filed an immigrant petition on your behalf?

People applying for H1 can have dual intent, and lying on the form is sufficient cause for denying a visa.

Good luck!
 
Hello everyone,


I was in the same situation 2 months ago. I had already used my AP for travelling a couple of times outside the US and my H1-b VISA was expiring ( extension was applied for(i-797)).

I went to the American Consulate in Toronto to get my H1-B visa stamp (3 year extension) while being on AP. I faced no issues in getting a visa stamp in Toronto

Regards,
 
Hi, HVS0909,
So you got an H-1b stamp on your passport when you alredy have a Parolee stamp on your passort?

Thanks,
 
hi ,

That is correct. Since it was Canada I also had my I-94 on my passport (which said : AOS) as well as a separate stamp on my passport with AOS on it . Getting the H1-B extension visa stamp was no issue , just make sure that you have had a US education i.e. like a masters etc. They did not ask for my EAD card..... Though i have it I am still on H1-B. Only thing that they asked and I did not havewith me was my I-20 from school (this was years ago)
 
HVS0909,
Thank you very much for your information!
So didn't you get a new I-94 when you came back from Canada, did you? or you got a new I-94, but it was still stamped with AOS, not H-1?
Maybe I should renew my H-1 then(what you think?).
I have asked several lawyers, their answer is same as guju's lawyer (Bad news: 1. He mentioned that if I apply for H1 and get denied, and then I re-enter using AP, then I will be no longer on H1 status. I will require EAD to work.). I have re-rentered by using AP, so I'm not on H-1 any more, I'm using EAD to work now. But from your case, seems it doesn't matter even you have already have AOS on your passort and I-94.
 
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