Reentry with Advanced Parole, but expired H1B

G

gknb

New Member
Hi,

Ever since getting my job right after college, I haven't had the need to leave the US. When I got my H1B work authorization (which is due to expire in June) through my work, the attorney said the next time I visit home, I should apply for a visa to reenter the US at the local consulate. Around the same time we applied for a employment based green card, which is still pending.

That was 3 or 4 year ago. Since then I have gotten married to a USC and we have filed for a green card through marriage last Sept. Unfortunately due to the dual green card applications (which my attorney suggested not to withdraw the Employment based case), the case is taking much longer for my marriage based case. I have an advanced parole letter and have applied for an EAD just in case we don't get a decision before my H1B expires.

Here is my question: If I were to travel home this summer and return AFTER my H1B expires, will that cause any problems when I try to reenter using my advanced parole?

Thank you :)
 
You shouldn't have a problem entering with an unexpired Advance Parole, provided it was applied for and approved before you left the US.

You need to make an Infopass appointment to inquire about the delay to your marriage-based case.
 
You shouldn't have a problem - you are entering with the AP and not the H1B visa. When I entered with the AP, they took me to a second screening, asked me some questions about the wedding and than paroled me into the US.
 
EasyGration said:
You shouldn't have a problem - you are entering with the AP and not the H1B visa. When I entered with the AP, they took me to a second screening, asked me some questions about the wedding and than paroled me into the US.
Click to expand...

Thanks for the replies! Definitely sets my mind to ease :)

I was just curious as to what was involved in your screening or those screenings in general. Would it be beneficial for us to carry some wedding pics/marriage license/etc?

Thanks again!

PS - Jackolantern: We did do an InforPass for the marriage case and were just told to sit on our hands and wait because there were some files that the local office had requested from the service center doing the employment based case. Unfortunately they had put in that request 5 months ago and have yet to get it. I don't know if there is anyway to "encourage"/"remind" the office sitting on my employment based case to acknowledge the file request. :(
 
Nothing much, my wife passed through as an American citizen, I was taken into a separate room, had to wait my turn since there were other people too. The officer asked me some basic questions (how did I got the AP, when was our wedding) and paroled me into the U.S.
I don't think that wedding pics/marriage license can hurt, but they did not ask for anything.
 
gknb said:
I was just curious as to what was involved in your screening or those screenings in general. Would it be beneficial for us to carry some wedding pics/marriage license/etc?
Click to expand...
It is standard practice to send you to the secondary inspection room if you use Advance Parole. They usually don't ask any intensive questions for people using Advance Parole based on a green card application.

However, the secondary inspection room may be full of people with other immigration problems, so being sent there could cause you to wait as much as 2 hours for them to get through the more difficult people ahead of you. So if you have another flight to get to your final destination, make sure you allow a gap of at least 2 hours, preferably 3 hours, so you don't miss the next flight.
 
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