H1B visa stamp and Advance Parole

[txd24]

I am currently on H1B and have an appointment with the US Consulate in Toronto, Canada to get H1B visa renewed. Also FYI, I have Advance Parole by virtue of my pending I-485 adjustment of status

My question is - if for any reason my H1-B is denied by the visa officer or there are unforseen issues which significantly delay the visa processing, can I abondon the H1 visa application which in Canada and enter the U.S. on my Advance Parole?

Thanks for your time.

TXD24

[txh1b]

Duplicate

[liatny]

Parole entry

As far as I know. Once you applied for the I-485, the only thing the H1B gives you is a legal status while you are in the US waiting for your Greencard.

Basically the I-485 canceled the ability to enter with the H1B. Or it suppose to do that. That's why you need the Parole. So even if your H1B extension get denied, you should be able to enter the US with the Parole.

One a different note, the whole Parole thing is a way for the INS to make more money. Basically if you are legal here on a different visa, why would you need to get a Parole. Isn't that the point of the H1B Visa? To allow people to work and travel?
Anyway, good luck.

P.S
You can always to an extension in the US without traveling.

[txh1b]

Basically the I-485 canceled the ability to enter with the H1B. Or it suppose to do that.

What??? Either I am not getting your point or you are totally wrong.

Some recommended reading here.

https://www.immihelp.com/i-485-adjustment-of-status/advance-parole.html

[liatny]

That is exactly what the link says.

Even if you have an H1B, once you apply for I-485, you will need your parole to reenter the US.

The H1B entery Visa do no longer apply.
The only thing the H1B is good for is for the I-94 while you wait for your application to be approved.


Hope this clears it up

[txh1b]

You are wrong! Read the exceptions.