O1 and EB1 and Advance Parole

B

brami

Registered Users (C)
Hello experts,

Here's my situation. I am not getting a clear reply from my attorney, so I am trying to get more opinion from other's experiences.

- Entered US in May 2003 on a J1 visa.
- Got the J1 Waiver in Nov 2006.
- Applied for O1 visa in Dec 2006.
- O1 approved in Jan 2007.
- Started new job on O1 visa in Feb 2007.
- Passport still has J1 stamp.
- Applied for EB1 based permanent residence April 02 2007. (I-485, I-131, I 765 all applied together)
- waiting for Advance Parole.
- HAVE to visit India in July 2007.

I understand that my EB1 permanent residence application will be cancelled if I travel before advance parole arrives.

My question is:

1) If I leave US for India 'without' advance parole, can I reenter US with a O1 visa stamp?
My O1 is valid from 2007 - 2010.

2) Can I continue in my present job with my existing O1 visa status??

Any information will be very helpful.

Thanks very much.
 
YOU can only enter with Advance parole because you filled 485. You are changing your status. You can only enter with AP. My advice, with for AP or not travel until u get it, most likely you'll have ur AP soon
 
You also will not be able to get that O visa stamp when you travel abroad, in all likelihood. The O is a non-immigrant category, and if you apply for it after you have already submitted an immigrant petition (a question that will be asked on your US visa application at the consulate), the visa will most probably be denied.
 
You also will not be able to get that O visa stamp when you travel abroad, in all likelihood. The O is a non-immigrant category, and if you apply for it after you have already submitted an immigrant petition (a question that will be asked on your US visa application at the consulate), the visa will most probably be denied.
26th May 2007 04:50 PM


Thats not true. I got my o1 visa stamped in 2006 in Hong Kong after my EB2-NIW got approved in Aug 2005 and I had replied yes to the question in the visa application to whether I had applied for immigrant visa. My attorney ( and I had confirmed with a couple of them) said O1 is also dual intent and there is absolutely no problem with o1 visa stamping after applying for AOS. You can do a search on o1 visa and dual intent and check it out for yourself. My attorney also added that after applying for AOS, you can return on a valid stamped o1 visa even if you have an approved AP and EAD just like h1 and L1s as o1s are also dual intent.
 
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whoa there... I believe you, I didn't realize that O was dual intent, I thought only H is. I stand (or actually sit) corrected.
 
jk0274 said:
whoa there... I believe you, I didn't realize that O was dual intent, I thought only H is. I stand (or actually sit) corrected.
Click to expand...

No worries, I'm sure it was all with good intention to help. There is a lot of ambiguity surrounding O1s as there aren't too many folks on that visa and things are not spelled out as clearly as it is for H1s and L1s. I have a tough time getting info and have to go to more than 1 attorney to get my facts checked. This forum is v helpful. I was just giving out facts based on my experience and what my attorney clarified. There aren't too many o1s out here and we could use all the help that we get.:) :)
 
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Dear Chatterjee1

Could you send me your attorney's details. I will contact them reg. my O1visa and advance parole.

My attorney is pretty sure that:

If I leave without obtaining advance parole, my I-485 Adjustment of status will be cancelled.

I can however reenter with my existing O1 visa, which is valid till 2010.

thanks very much.
 
Dear Chatterjee1

Could you also send me your attorney's details. I have the same situation and have not got the AP approved (even no notice yet). My attorney insisted that

1) my O1 will be denied when I apply for visa stamp.
2) my I-485 will be canceled automatically when I travel out of the U.S.

Any result from travelers who have asked the questions?
 
In the Form I-485, this is what you can read the following:

A. H, L, V or K3/K4 nonimmigrants: Exceptions.
If you are an H, L,V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel on a valid H, L, V or K3/K4 visa without obtaining advance parole.

I called the Immigration Services because I am here as an A2 and my visa is good for as along a I work for my government here in the US... The answer was pretty clear: exception to the APD rule is only for what is written in the I-485 form... A2, O1, XYZ? get an APD or forget about your I-485.

Now, it is also correct that there are subtleties that not all Immigration Officers know. I would be very careful though, because clearly all these "rare" visas are often in grey areas: depending on which document you look at, you can decide one way or another.

In my case, I decided not to take any risk and I'll ask for an emergency APD as soon as I have the receipt of the I-131, because I really have to travel for my work while waiting for the regular APD to come...

Chris
 
The cut and paste from pdf did not work too well. Sorry!

Exceptions.
A. H, L, V or K3/K4 nonimmigrants:
If you are an H, L,V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel on a valid H, L, V or K3/K4 visa without obtaining advance parole.
 
brami said:
Dear Chatterjee1

Could you send me your attorney's details. I will contact them reg. my O1visa and advance parole.

My attorney is pretty sure that:

If I leave without obtaining advance parole, my I-485 Adjustment of status will be cancelled.

I can however reenter with my existing O1 visa, which is valid till 2010.

thanks very much.
Click to expand...
Hi, I had an approved AP but I used O1 to re-enter. Does it mean my AOS will be abandoned? What happened in your case?
 
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