My h4 visa has expired on passport , i have valid h1 approval notice without stamping on passport .Its been 4 years i did not visit india since i got my H1. Can i travel to india and come back using Advance Payrole and will they allow me to renter USA.Please advice.
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you don't have a choice
hello,
when you enter into USA you don't have a choice about showing H1 visa, H4 Visa or AP.
Please, don't do that. You must show your Advance Payroll because when you got your AP, your status in their system shows AOS with A#. So if you show them only H1 or H4 they think you are trying to save your AP they told me the same thing and I have to go thorugh long questioneris last time. Finally they allowed me through my AP only eventhough I never used my EAD.
So don't think much ..don't play wiht them ..if you have Advance Payroll, use it upfront...and you will put of there in 2 minutes
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not quite true
Besides the fact that it is called "Parole", not "Payroll",this is not quite right.
There also is a lot of information missing in the original post: the original poster did not say if he has an I-485 pending.
If a person has a valid H1, an I-485 pending and has AP, the person can still enter using the H1. This was clarified by legacy INS a long time ago (2001, if I remember right.) Also see
If the person has used an EAD, then the person is no longer in H1 status, and should use AP to enter. But I have read recently that even then, using the H1 visa to enter in H1 status would work, but could result in some confusion with USCIS.
Since the original poster did not say anything about a pending I-485, it is not possible to give advice other than what the first answer pointed out. Without a pending I-485 and a valid AP, an H1 visa would be required to enter.
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AP Vs H1/H4 revalidation
My (and my wife's ) I-485 s are pending.
I'm working on H1 (my wife has valid H4). We have EAD too, but never used it. Our visa stamp on passport are expiring. Now we have a choice to revalidate our H1/H4
or apply for advance parole. So my question is , which one should I do ?
In other words, if we go to India and come back ,
h1/H4 or AP , which will be a stronger tool for re-entering ?
What are the pros and cons for h1/H4 visa stamp vs AP
for re-entering ?
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