urgent help needed!!!

L

laohou2000

New Member
Hi guys,

Please help!

Currently I am in H1B1 status with a I-485 pending(RD 9/27/01). I need to go back China tomorrow night because my father is critically ill. The problem is I don't have an advance parol, and my H1 will expire 9/30/2002. Right now my only hope is that I can apply for a reentry visa in China to come back. I know that my leave would not result in termination of my I-485, But what would be the consequence if my application for reentry visa get rejected? and should I mention my I-485 application when I go for a visa interview in China? ANy suggestion ?

Your input will be highly appreciated!

Laohou
 
h1b

Don't know how much this may help, but I returned to China in early 2000 and got my H visa without a hitch. Normally the officer does not give you a hard time if you have the the H approval notice from INS and a letter from your employer.

But that was way before my green card process.

As I understand it, an applicant in the process of adjusting his status is not supposed to leave the country, unless with an AP. Therefore I don't think it's a good idea at all to mention it to the visa official. You risk is that he may have it in the system. Otherwise I don't see why you can not get your H visa to come back.
 
This is a tough scenario. If you don't have a valid H1 visa stamped on your passport and no AP, you will definitely face the risk of denial at the US Embassy in China. You haven't stated whether you have a valid visa until 9/30/2002 or is it just the H1 approval notice.

Try contacting the local INS office thru your lawyer and get legal advice. God luck!
 
Re: urgent help needed

Have a look at www.immihelp.com web site. It may answer your concern. Below is the text I got from there.

Getting an AP and using an AP are two entirely different things. Using an AP means going out of US and showing AP to enter the US as a parolee instead of showing the visa to enter the US as a non-immigrant. As parolee can't work in US, he/she should get EAD before traveling on AP. Receiving AP is just addition of one more document in your file.

So just receiving EAD/AP does not change the non-immigrant status in any way and he/she is still on H or L status. Thus the person is either in EAD/AP status or in H/L status.

As long as the person maintains the H/L status(H/L status not expired and H1/L1 holders not working for any other employer other than sponsoring employer and H4/L2 holders not working at all), he/she can travel outside US and come back with out the need for advanced parole even after applying for adjustment of status. The person can enter using his/her non-expired H/L visa. The person needs to carry his/her "original" I-485 receipt otherwise serious delay at the airport may be caused. For valid H/L visa holders, there is no need to apply for EAD to continue working after coming back to US. This rule is effective July 1, 1999.

If you are not planning to travel, or work part time for another employer, then there is no reason to apply for an EAD. On the other hand, there is no harm in applying for advance parole and an EAD and there is no reason to try to maintain nonimmigrant status after filing for adjustment of status, unless of course 6 years limit on H/L visa is about to be reached and that the person has no option other than to work with EAD/AP. Please note that it is possible to get your H-1B visa approved for more than 6 years in some cases depending upon your employment based green card processing status. Please refer to the appropriate section on H-1B visa page to find out more how you can extend your H-1B visa for more than 6 years, either 1 year at a time or 3 years at a time.

If you opt for EAD/AP, Spouse(and children, if any) acquired after using AP can't join on H4. Can't resume H/L status after I-485 denial, if any. But you can work for more than one employer, and spouse can work. So it is up to you to decide whether to remain in non-immigrant status or to be in EAD/AP status.

In general, if the person is married, he/she may want to apply for EAD for both of them so that spouse can start working and he/she can also part-time work for other employer, if he/she wishes. If the person is single, he/she may want to maintain H/L status so that he/she can bring his/her spouse on H4 if he/she gets married before adjustment of status application is approved.

Some H-1B professionals use EAD(and terminate H1B) on purpose to save H-1B time so that if something happens with the current employer, they be able to pick up the remaining period of the 6-year H-1B limit through another H-1B approval with the new employer. But that H1 approval would be new H1B and not transfer of H1B and hence subject to annual H1B visa.
 
I am from China too. I am positive that you can still apply for H-1 visa for entry into USA while your I-485 is pending. It doesn't matter whether you mention to the immigration officer at customs or not. The only risk you will have is that whether your application for H-1 visa at one of those USA embassies in China will be rejected, and if that happens, what kind of consequences you will have. For the latter issue I would think your best choices is to consult your attorney.

Good luck to all of us.
 
Try local INS to get AP in one day. In Newark they are issueing APs in one day. I don't know about your place(phili). Hope this helps.
 
Phily INS office don't do AP

I tried to apply AP in Phily office last week and was refused. They said I have to apply via Vermont.

However, if you case is in Phily office, then they should process your application without any delay.

Hope this helps.
 
Hey, Guy listen to me!

Please read my message very carefully:

It would be a good idea you do not go back to China, I highly understand your situation though. One friend of mine just got refused to get a visa based on his H-1, while he was also at 485 stage. The officer in Beijing Embassay ridiculously said he was not qualified for a visa, because he was getting his status adjusted---the only way to go back China is by using AP. The followed story is a little lucky: after repeated calls from the lawyer in my company to Beijing, he finally got it.

Also I am wondering if you could get it even you would not come across with that officer---your H1 is expiring soon.
 
The key is - do you have an H-1B visa

If you have an H-1B visa (stamped in your PP), not just the approval notice showing your H-1B status, you don't have any problem in using it as long as you come back before 9/30/02.

If you don't have the visa, what Cole said is worth considering. You may have a hard time to get an H-1B visa in Beijing (or Shanghai).

Another possibility is to apply for AP immediately (if you can do it today), and have your someone here mail the AP to you in China once it is approved. You can then reneter US with AP. Not sure if this method works (heard from my freinds).

All the best.
 
Try to find out

Some INS offices (local) issue Advance Parole immediately if you have a valid reason. You could check this out with your local INS office.

You should be perfectly fine if you have an AP....

Take Care
 
You must log in or register to reply here.
Top