Urgent help required -> H1/ AP re-entry (lost H1)

I

InDetroit

Registered Users (C)
Hello,

Sorry, I previously posted in the wrong area. My apologies for the inconvenience.

I hope one you of you can help me with a (actually two) problem that I am facing.

a. My wife is currently on an F1. She came to the US this year on an F1 and we got married here. I then added her as a dependent and we both applied for our EID/AP/ and 485. Her EID has been approved on 10/25, but her Advance parole (AP) which has been received by the INS on September 30 Is still pending. If her AP is not approved by the time we return to the US (Jan 15), can she return to the US on her existing F1? She has her I-20 signed by her school and her visa on the passport (F1) is valid for three years. Will then Immigration officer at the port of entry (Detroit) be able to find out that she has applied for her green card, and will he/she use this information to deny her re-entry into the US?

b. I myself am currently on a H1, which expires on Feb 10, 2003. My passport has been revalidated and so has a valid Visa until Feb 10. I got married this year, in the US, and I have applied for EID/AP/ and 485. My EID has been approved on 10/25. My AP application which was received by the INS on September 30 is still pending. To make matters worse, I am not able to find my original H1 document (form I797A – Petition for a non immigrant worker). My bad -- sorry. Here is my question: When I come back into the US, and I don’t have my AP approved by then, do I have to have my original form I797A to re-enter? I have a copy of it, but am not sure if I need my original. I will be back on the 15th of Jan.

The processing center is Nebraska. I and my wife have to leave for India because of an emergency this weekend.

Thanks & Regards
 
A. She can return to US on F1 existing, remember F1 visa has no Dual intent better she should use AP, sorry I do not know the answer correctly, some one will guide you or ask your Lawyer who filed I-485, to be on safe side use AP
B
If you get AP before departure that is the best alternative for you, I don’t see any problem if you are using valid H1B visa that has been revalidated in US then they are not going to ask for original I-797 because your H1B Visa sticker was placed by Department in your passport after checking your original H1B approval. Check the papers you sent to department at the time of your H1B revalidation it may be in the same envelop when you received your Passport back from Department after visa revalidation, your Lawyer/ employer may be having the copy
 
Lawyer’s advice

Thanks ginnu,

A
I too was afraid because the F1 has no dual intent. My lawyer told me that this should not be a problem, but in case the immigration office does question, he asked me to show the original advance parole receipt. But again, as you said it is best to have the AP. I hope I get it soon and am having my fingers crossed. Also, the lawyer did say that with the new system, the immigration officer will know that my wife has applied for her 485.

B
Here too I am waiting for my AP. But since I have the courtesy copy of the 797, the lawyer said I should be ok. To be exact he said, the courtesy copy + a copy of the original 797 + the Visa stamp (sticker) on my passport combined should be enough for me to gain re-entry. I searched all over my house but I am not able to find my original 797. I have a copy in the envelope I got back from the Department. So I am thinking I might have not received the original back from Cincinnati. Again, I could be wrong.

Also, does anyone know when I probable might get my AP. The INS (Nebraska) received it on 9/30

Can Jaxen or any other member please comment on my lawyer’s advice?

Thanks a lot.
 
Here too I am waiting for my AP. But since I have the courtesy copy of the 797, the lawyer said I should be ok. To be exact he said, the courtesy copy + a copy of the original 797 + the Visa stamp (sticker) on my passport combined should be enough for me to gain re-entry. I searched all over my house but I am not able to find my original 797.
-------- your lawyer is correct, IF you have Valid H1B stamp on your Passport +Orignal I-79 you can enter US, at POE you have to show your New Orignal I-797 and they will give you I-94 Valid till your new H1b approval Validity
go to:
www.immihelp.com and search for REVALIDATION and Deparment page will open and read the instruction they clearly state that if you have Valid H1B stamp no need of new Visa for entry but you should show your new H1B approval
 
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