H1-B Visa Expired- Will be travelling with AP

[GC_]

I am travelling outside the U.S and will be returning with an expired H-1B visa. I am going to enter the US with the Advance Parole card I received from USCIS some months back. Should I be worried that my H-1B is expired? Would this cause me issues? I am having my H-1B renewed and filed during the time I am out of the country as a Plan B. Please offer any advice, thank you and god bless.

[newacct]

You will have no problem entering on AP (assuming the underlying AOS didn't get denied), but you will be paroled, not admitted into H1b status. You will still be able to continue working at the company you worked at for H1b before under the previous H1b work authorization. Your H1b petition renewal should be fine but you don't get extension of status since you were out of the US and thus did not have status, so when it is approved you will just have a petition but it won't give you H1b status (unless you leave the country and re-enter with H1b visa, or your company applies for a change of status into H1b status).

[GC_]

You will have no problem entering on AP (assuming the underlying AOS didn't get denied), but you will be paroled, not admitted into H1b status. You will still be able to continue working at the company you worked at for H1b before under the previous H1b work authorization. Your H1b petition renewal should be fine but you don't get extension of status since you were out of the US and thus did not have status, so when it is approved you will just have a petition but it won't give you H1b status (unless you leave the country and re-enter with H1b visa, or your company applies for a change of status into H1b status).

Thank you so much for your reply! I am now leaving with a peace of mind. I will be taking proper documentation of my AOS just in case I am questioned when returning.