Use H1 or Parol visa ?

R

rsaji

Registered Users (C)
Hi,
My 485 has been filed in Jan 2005 and got my parol and EAD. I have my H1 7th year extension valid till Octoner 2005. But I dont have it stamped on my passport. (I dont have any H1 stamp on my passport at all. I came in L1 and later converted to H1). I am planning for an India trip next month. Since I dont have the H1 stamped, I am planning to take a visa stamping appointment in India. For some reason, if the stamping gets rejected, will I be able to reenter using my parol visa(use parol as a backup)? If the visa stamping gets rejected, will there be any note on the passport and immigration office at the port of entry know about it ?
There are conflicting views about using parol may invalidate H1. Is that true ?
What is the best approach ?
 
Filling Date

I filled my 485 on Jan 20th. But I have not got approval for EAD and AP. But got notification for Biomatric test.
What is receipt date? My receipt date is Jan 20th.
 
rsaji said:
Hi,
My 485 has been filed in Jan 2005 and got my parol and EAD. I have my H1 7th year extension valid till Octoner 2005. But I dont have it stamped on my passport. (I dont have any H1 stamp on my passport at all. I came in L1 and later converted to H1). I am planning for an India trip next month. Since I dont have the H1 stamped, I am planning to take a visa stamping appointment in India. For some reason, if the stamping gets rejected, will I be able to reenter using my parol visa(use parol as a backup)? If the visa stamping gets rejected, will there be any note on the passport and immigration office at the port of entry know about it ?
There are conflicting views about using parol may invalidate H1. Is that true ?
What is the best approach ?
Click to expand...

To paraphrase my attorney, "an Advance Parole secures entry into the United States in lieu of a visa". I would not even bother with a visa stamping interview - just show your Advance Parole to the Immigration Officer (along with supporting documents like EAD, Letter of Employment, I-485 Notice, etc.) if asked, and you'll be in.

No, using the Advance Parole does NOT invalidate your H1-B visa.

Hope this helps.
 
rsaji said:
Hi,
My 485 has been filed in Jan 2005 and got my parol and EAD. I have my H1 7th year extension valid till Octoner 2005. But I dont have it stamped on my passport. (I dont have any H1 stamp on my passport at all. I came in L1 and later converted to H1). I am planning for an India trip next month. Since I dont have the H1 stamped, I am planning to take a visa stamping appointment in India. For some reason, if the stamping gets rejected, will I be able to reenter using my parol visa(use parol as a backup)?
---yes
If the visa stamping gets rejected, will there be any note on the passport and immigration office at the port of entry know about it ?
There are conflicting views about using parol may invalidate H1. Is that true ?
---use of AP does NOT invalidate H1 read:
H1, AP
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.



What is the best approach ?
Click to expand...
 
I was in a similar situation few months back. I did my research (Ginnu's answers were helpful at that time, Thanks Ginnu) and talked to my lawyer. Here are the answers to your question.
1. if H1 stamping get rejected, you are fine to use AP to reenter.
2. H1 and AP are 2 different things and usign AP doesn't invalidate your current H1. Infact you can do H1 transfer, if something happens to ur company and your current 140/485 application goes away. According to my lawyer, If your 140 is approved and 485 pending, Using AP is advisable becuase that shows your intention to immigrate.

I'm not sure about your question of e be any note on the passport.

Let me know if you further questions.
 
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