Travel Abroad - Advanced Parole

J

Jagabalia

Registered Users (C)
In coming Dec I am visiting India and will come back in Dec 26th, 2003. Currently I am in AOS (I485) and am also continuing my H1-B as per co. policy. My H1-B is going to expire in Jan 19th 2004 and will send soon my appln to my company lawyer for my H1 extension.

Whether there is going to be any problem at the port of entry, as my passport showing H1-B expiring on 19th Jan 2004 after 25 days ( By that time I will have the new H1-B extension filing receipt #) or Do I need to carry advanced parole ( For this I need apply now!)?

Any suggesting is highly appreciated!

Jagabalia
 
AP is not required. You can POE that h1 extension will be applied as soon as rejoin duty.
If I were you, I would apply AP on my own as a backup.
 
AP question for Jaxen and Ginnu

Jaxen, Ginnu,

In coming Dec I am planning to visit India and will come back on Jan 3,2004. Currently I am in AOS (I485) and applied for AP in Oct 2003. I have valid H1-B till June 2004 on my current employer and Valid H1B visa till Jan 16, 2004 on my previous employer (stamped in August 2001). If I travel to India without AP (It is pending) and come back before Expiry of my Visa, Is there any problem at the port of entry or Do I need to wait for advanced parole.

Any suggesting/guidance is highly appreciated!

Sanvibha
 
Jagabalia

there is no issue if the visa expires in 25 days. i have seen people enter without any issue when the visa expire in another 1 week.

Issue is poe officer will surely question you and it is better to keep an offer letter from your employer stating that you are a permanent employee and will be filing h1 immediately before the h1 expiry per the h1 regulations. you may wait for ap but not necessary

NOTE that your i94 will show the dates as Jan 2004 (25 days). you should file h1 transfer or extension before the expiration of the new i94. you can even work with the h1 extension pending for 240 days.

Sanvibha
samething applies to you. as you have less than 2 weeks you need to have enough evidence or documentation like employment letter etc that your employer will be filing your h1 extension immediately when you enter. you may have ap as backup. this is not a big issue.
 
Sanvibha:
In coming Dec I am planning to visit India and will come back on Jan 3,2004.
Currently I am in AOS (I485) and applied for AP in Oct 2003.
-------- It depends on service center where you sent AP they may approve AP before your departure date
I have valid H1-B till June 2004 on my current employer and Valid H1B visa till Jan 16, 2004 on my previous employer (stamped in August 2001).
------- You are saying valid H1-B till June 2004, I did not understand if you have H1B Visa sticker stamped in passport or just H1b approval notice. Please always write clearly H1B can be H1B approval notice or can be H1B visa stamp in passport, nobody gets dreams if you have valid HIB visa stamp or just H1B status Approval notice. If you have H1B visa stamp in passport valid till Jan 16,2004, you can come back to USA before the Visa expiry date I hope you have H1b approval notice till June 2004, when you enter US and appear at POE show your Passport Visa Stamp And H1B approval notice (that is valid till June 2004) you will get I-94 valid till June 2004, better keep employer letter from your current employer show only if asked.
If I travel to India without AP (It is pending) and come back before Expiry of my Visa, Is there any problem at the port of entry or Do I need to wait for advanced parole.
----- If you come back before the H1Visa stamp expiry date, no need of AP.
If you get AP approved before you depart US keep it with you and also I-485 filing reciept.
 
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