travel without parole after applying for 485/131

[nsg_lists]

I filed for my 485/765/131/ under EB2 category for my Wife and self. It was received on Jul 2nd. I have not received the receipt nor have the checks been cashed. My wife is currently on H4 and I am on H1-B. The visa stamp on both our passports has expired. My wife held a H1-B for a brief time before reverting back to H4. I have always been on the same H1 ever since I had it.

We are planning to travel to India next month. I am not sure if we are going to recieve the advance parole before we travel (they are currently processing Mar 02 2007 I-131 in Nebraska). Is it ok for us to travel to India, get out passport stamped with the appropriate visa from a US consulate and return back on that? I have had some conflicting views from immigration officers I spoke to, both online and in person.
- One person said that if you have applied for 485 and advance parole, then you must have that advace parole with you when you come back. They will not let you in otherwise. He said I can try to expedite the process by trying to prove that there is an emergency.
- Another person said that while the first person's opinion is true, it does not hold good for H1 and L1 visa holders. H4 visa holders however need the advance parole.
- A third one said that while both of the above is true, I will still need the advace parole as I have applied for it. I would have been able to come back with my visa stamp had I not applied for my advance parole.
- Last one, not an immigration officer but who knows my case very intimately, asked me not to worry at all. It is possible to get back either in advance parole or on a visa stamp as it is dual intent. Many people have done it before.

Now, which one is true. Can anyone post back their opinion/experience?

Please advice.
Thanks.

[wait4gc]

i am in similar situation like yours ..i think the immigration officer is correct. H1 is dual intent (immigration and non immigration) . Only thing is your visa stamping should be valid. You dont need the AP to come back and you can use the stamped visa.

The only thing my attorney has told me is . We need the 485 receipt notice before leaving the country.

[madhanmt]

I am in a similar situation. My employer hasn't applied for my EAD/AP, but my wife has AP based on our AOS petition with my employer. Can she rely on her AP to re-enter while I use my H1-B? My attorney also said only when I use my AP she would be forced to use her AP, but the other way around is not true and I can use my H1B... Where can I find more information about these special provisions?