Advance parole...please help me

[gcneed]

Kindly help me with this issue.
I am here in USA from last 2 years.My visa status is H4.
My husband who is on H1B and I have applied for I485
and I131 forms that are pending. We want to travel to India
soon and stay there for 4- 6 weeks. We had extended our
H1B and it is currently valid but our visa stamp on passport
is expired.Please help me by answering whether I am eligible
to travel to India without waiting for travel document or not.

Thanks

[toonpainter]

Since you have extended your visa, you can still travel and go out of the country.

BUT you have to get the current VALID visa extension stamped in the american consulate from your country for sure.You can't come back to USA without getting the current extension stamped in your passport.

Please make sure the expiry date of the current extension is not too close before you appear for the stamping...That may have some impact.. atleast thatswhat I was told..

Also when you travel you might have to have TRANSIT VISA for certain airlines like Lufthansa asked me to get a German Transit visa because the american visa stamp expired when i travelled.

BUT again I just saw an other forum which says when your advance parole is getting processed they dont advice you to go out of country as your I94 gets reported and they consider your AP as abandoned.... But something doesn't make sense in your case. since you still have a valid extension of H1B you still can come inside the USA if you have a valid stamping... ask your attorney, they will know more.

[gcneed]

Thank you toonpainter for your detailed answer. I made an appointment with the local immigration officer, lets see what they will suggest.

[newbiehere]

Hi gcneed,

We are in same situation as yours and wondering what the immigration officer suggested. Did you travel to India? Please let us know...

Thanks