Advance parole/H-1B status

[madgu]

Hi guys,

Need your valuable advice.

I am on H-1b but no visa stamped.
Filed I-140/I-485 concurrently
Got AP and EAD

I am planning to go to INdia in May this year and what will happen to my H-1B status when I come back with advance parole.

Will I loose my H-1B status? Is there anybody who was on the same boat please share your experience.

Thanks

[dahlia]

The only reason you use the H-1 visa would be that if for some (REMOTE) reason your 485 is denied you will be out of status.

Normally one needs to get AP to travel, but immigration has created a special rule wherein
If you come on AP you will be on a parole status and you can get back to H status if you apply for an extension.

If you get a H visa and reenter on H you will be on H at all time. So the possibility that the 485 will be denied between the time on parole and H1 extension is eliminated.

Hope this helps

[madgu]

Hi Dahilya,

Thanks for the information. My H-1B (I-797) is valid through Dec. 2007. If I use my AP to come to the country I will be on Parolled status NOT on H-1B. am I right? If so how can I apply for H-1B extension after I come back since it is another about 2 years are there.

what is that special immigration rules? if there is anything concrete I can show to my employer. My employer was saying that I will be no longer on H-1B status once i use my AP.

Please shed some light on this.

Thanks in advance

[dipper]

Hi Folks,
I am sort of in the same boat. I have a valid H1 but it's not stamped on my passport. I have my EAD card and Advance Parole. I am planning to travel to India in 6-8 weeks. My concern is if the Indian authorities will create an issue for me while boarding since my H1 is not stamped on the passport (I have an F1 stamped but that has expired). Will they just let me board by looking at my Advance Parole? Should I get my H1 stamped before I travel? Time is running out for me so any quick answers will be greatly appreciated.

[madgu]

You can come back without H-1B visa stamped on your passport if you are planning to use AP. Once you enter US then you will be on parole status (I do not know whatever that means) after you finish your immigration formalities but certainly you are NOT on H-1B status. Incase if something happens with your pending I-485 (denial- hopefully not) then you will be out of status. That is what I learnt from this forum. No one is clear about this issue. I did not come across any USCIS guidelines on this topic.
BUT ONE THING IS CLEAR YOU CAN COME BACK TO US ON AP IF YOU DECIDE TO DO SO

Good luck

[dipper]

Thanks for your post!!