Travel with Adv. Parole & unstamped visa

[ramanarao]

My I-485 is under process and have received my Advance Parole.

My wife who originally came in with a H4 visa and converted to H1 visa later needs to travel to India now. Can she travel using the advance parole or does she need to get her H1 visa stamped in India to re-enter the US? Her previous H4 visa is expired (though she did get her H1 visa before the H4 expired - so she has been in status thru out.).

If she needs the H1 visa stamped in India - does she have to inform the INS or the Chennai consulate in advance? (If yes, is there a form she can use?).

If she does'nt need her H1 visa stamped in India - will she enter the US on her advance parole or will the H1 visa be stamped at the port of entry?

Appreciate in advance, any help or information on this.

 

[jaxen]

Derivative rules are strict

to enter in H1 she needs a H1 visa stamp. She can get that only in a US consulate.

Alternatively she can enter in AP and then use EAD (file I-9) to work for the h1 employer.

A derivative cannot use AP and then revert back to H1...