Re-entry using Advance Parole instead of pending H1B stamping

R

RiteshSanghvi

Registered Users (C)
Hi Guys,

My H1B stamping is on hold due to technical nature of my job (221g yellow slip). I have a valid advance parole. I fly back to US this Sunday and am thinking of using my AP for re-entry and drop the H1B stmping process since I will not get my passport stamped in a timely fashion. I am wondering if there are any downsides or restrictions for doing the same. Your advice will be of immense help.

Thanks

Ritesh
 
Watch out!! you loose your H1B STATUS if you use advance parole!!
So to continue your employment you will have to use EAD.
If you think your i-485 would not be denied before you get the next chance
to get a visa stamp, then its fine, else its like a hanging sword.
 
That is not correct mtsaha. Using AP does NOT invalidate H-1B. I have several friends who have entered using AP and H1-B approval notice. I had also asked this question to Rajiv Khanna. As long as you cintinue to work for the same employer after re-entry, you are fine. People have also received H-1B extentions after re-entry.
 
It dosnt invaildate the H1B approval. But it knocks off the H1B STATUS.

From
http://www.murthy.com/news/n_efftrv.html
it seems one can indeed work without EAD. But what happens if one's
i-485 is denied? Does the person then has to instantly leave US,
as he/she would be then out of status??
 
RiteshSanghvi, so what did you end up doing?
i am in the same boat as you. i just went to the consulate to renew my h1b visa/stamp, and i have been told to wait for them to approve my visa, and they did not know when they will let me know.
i ALSO have the AP...can i just come back to the US with the AP and forget about this pending visa stamp?
 
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