unstamped H1b, is advanced parole (I-131) needed?

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mfghazi

Registered Users (C)
I was on F1 and then got H1b. Since I didn't leave the country, my H1b visa is not stamped on my passport.

I got married to a US citizen. So my question is that do I need to get an AP or not? I read in the instructions that I don't need to apply for AP as my H1b is valid (until 2009) and if my I-485 application is pending, I can enter the country. But since H1b is not stamped, I am not sure if I fall into this category or not. Please comment.
 
Seems to me you have a choice - either go get your H1B stamped while abroad, or apply for AP. You will need one or the other to reenter the country.
 
I am not a lawyer but in my personal opinion, I feel you are better off getting an AP. Its ultimately your decision.

mfghazi said:
I was on F1 and then got H1b. Since I didn't leave the country, my H1b visa is not stamped on my passport.

I got married to a US citizen. So my question is that do I need to get an AP or not? I read in the instructions that I don't need to apply for AP as my H1b is valid (until 2009) and if my I-485 application is pending, I can enter the country. But since H1b is not stamped, I am not sure if I fall into this category or not. Please comment.
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You can not return without a valid visa stamped in your passport or must have AP.

I 485 pending application will not help you at the port of entry.
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mfghazi said:
I was on F1 and then got H1b. Since I didn't leave the country, my H1b visa is not stamped on my passport.

I got married to a US citizen. So my question is that do I need to get an AP or not? I read in the instructions that I don't need to apply for AP as my H1b is valid (until 2009) and if my I-485 application is pending, I can enter the country. But since H1b is not stamped, I am not sure if I fall into this category or not. Please comment.
Click to expand...
 
I advise you to do both. Ask your lawyer prepare the package for activating H1B visa in overseas and apply the AP. If you are urge to leave this country, you may choose to receive your AP oversea. Since you haven't filed anything yet, try to secure yourself in every possible way.
 
Even if you get the AP document, I would advise you to re-enter in H-1B status if you intend to keep working for your H-1B employer while your status is pending. You'll typically have to schedule an appointment with the US consulate in your country. Getting the H-1B visa should not be a problem, since it is a dual intent visa (but having AP as a backup is a good idea). If you re-enter in H-1B status, you preserve a valid non-immigrant status in case your AOS doesn't go smoothly.

I recently traveled with an H-1B visa (already stamped before AOS) and without AP.
 
I got my H1 stamp in Mexico 2 years ago. I have always been in-status since I came here but they still gave me a hard time at the consulate. They were trying to find anything to deny my H1 - went back to my student visa etc. I was scared and I remember shaking at the window. It was finally approved but my lawyer just told me that it was getting even more difficult to get H1 stamp in Mexico. He suggested to get AP instead of going to Mexico or Canada. I hadn't been able to see my parents since but I didn't want to take a chance and did not want to experience the same (or worse) at the consulate ever again.
 
It is true that getting a visa in a country other than the one you're a citizen of is generally more difficult and may be denied (or you may be referred to go to your country of citizenship). There are a lot of people getting visas in Mexico or Canada from many different countries, so they are more heavily scrutinized. At the consulate in my country, I was usually one of maybe 10-20 people who had applied for a nonimmigrant visa that week. :D
 
austriacus said:
It is true that getting a visa in a country other than the one you're a citizen of is generally more difficult and may be denied (or you may be referred to go to your country of citizenship). There are a lot of people getting visas in Mexico or Canada from many different countries, so they are more heavily scrutinized. At the consulate in my country, I was usually one of maybe 10-20 people who had applied for a nonimmigrant visa that week. :D
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I agree! Way back in 1998 my company made the injudicious mistake of sending 6 people (including me & my wife) for H1B stamping at the same time. I was the third person the IO saw, and he gave me a real hard time, telling me he thought I was already working in the US etc, etc. Eventually he issued my visa, but then outright demanded my wife and her two colleagues go back to the UK to get theirs done.
 
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