O1 visa - EB1 - Advance Parole issues

[brami]

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 oon 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.

 

[jk0274]

You can continue with your job because your status is still O. But once you travel abroad on advanced parole and return as a parolee, you are no longer in O status, so you will have to be employed with your upcoming EAD as a parolee.