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godbless 01-15-2007 06:14 PM

H1 or Advance Parole??
 
I have a couple of issues guys and need your advise:

1. I have a valid H1b visa stamped on passport till June 2007. I and my spouse have EAD and AP as well. Upon my return from India in Dec 2006 the Immigration Officer at the POE did not let us use our h visas, H1 for me and H4 for my spouse and instead asked us to use AP to enter into USA and he stamped my AP and the I-94 showing my entrance as Parole and valid till Jan 22, 2007 ( My AP was valid till that date only). He said that I am not cancelling your h1. What does it mean? Am I no longer on H1 visa? What would happen after Jan 22, 2007 when my parole expires? I have filed for a new AP though but have not recieved it so far.

2. My and my spouse's EAD is expiring on Jan 22, 2007. We filed for the EADs in Nov and waiting for it. In the mean time we got a notice for finger prints. After the finger prints, our notices were stamped with the date on it. The stamp reads as "LIFE ACT PROCESSING STAMP" where as on all the previous occassions of finger printing, the stamp would read as " BIOMETRICS PROCESSING STAMP". Moreover as I have registered on line to check the status of my petitions, usually after the finger prints the date used to change when some thing happens to one's file like getting the finger printing done etc. but this time nothing changed and the date is showing up the same when I initially submitted my application.

Any Idea about this folks??? Time is running out for me.

godbless 01-15-2007 06:28 PM

Please reply soon if possible.:confused:

godbless 01-16-2007 09:15 AM

Nothing to tell????
 
Please advise guys!!!!!

glus 01-16-2007 09:24 AM

I am not sure if I am correct, but I have heard it is totally up to you what form to use when re-entering the U.S. If one posseses a valid H1 and AP, it is up to him what to use. Many people choose to use H1 to enter to safeguard status while I485 is pending. I may be wrong; but I could swear I read about this some time ago.....

Please correct me if I am wrong.

godbless 01-16-2007 11:41 AM

Thanks for your reply. Yes you are right but though I had the choice I was not allowed to enter on H1. Now when my AP is expiring on 01/26/2007 would it mean I may go out of status even if I have a valid h1 till 06/01/2007?

fromnaija 01-16-2007 11:57 AM

Quote:

Originally Posted by godbless
Thanks for your reply. Yes you are right but though I had the choice I was not allowed to enter on H1. Now when my AP is expiring on 01/26/2007 would it mean I may go out of status even if I have a valid h1 till 06/01/2007?

No, you will not be out of status. It only means you won't be able to travel out and re-enter after 01/26/2007 without obtaining another AP.

glus 01-16-2007 11:59 AM

If you entered on AP and your I485 is pending, you cannot fell out-of-status as you are being considered in "Adjustment of status" status. This is somehow a special kind of a status. The only problem one may have is if the I-485 is denied for any reason. At that point you fell out of status. That's the reason many choose to enter on h1 instead AP. Then, even if I485 is denied, a person who entered on H1 is still in H1 legal status. Hence, it is generally advisable to enter and maintain an non-immigrant status while i485 is pending.

Regards,

I am not an attorney. If you need a legal advise, seek an immigration attorney.

godbless 01-16-2007 12:02 PM

My attorney is asking for my I 94 to file for my h1 extension that is expiring in June 2007. Which I 94 should I give him the one that I currently have which says Parole till 01/26/2007 or the one thay I got with my h1 approval notice earlier that says H1 valid till 06/2007??

pop 01-18-2007 01:26 PM

What does your attorney say about it? What is his choice?

godbless 01-18-2007 05:02 PM

My attorney says that my h1 is still valid and I should file for my h1 extension and attach I 94 that I got with my previous h1 extension's approval notice.

pop 01-19-2007 12:53 PM

You did not turn in your H-1B I-94 at the time of leaving? You have two I-94s right now or your attorney just wants your H-1B approval for filing the extension? Will he also attach a copy of your new I-94?

godbless 01-19-2007 04:57 PM

This is what he did. He attached the new I 94 that I got at the POE and which shows my status as Parole till 01/22/2007. He has however sent the old h1 approval notice as well showing my h1 valid till 06/01/2007. He ia rushing my h1 ext application so that it reaches the USCIS office on 01/22/2007 the day my parole expires. This system is really confusing dude!!!

ajkastar 01-19-2007 06:38 PM

I'm also in same situation only difference is my visa stamped in PP is expired (Jan06), but has H1 till Jan 2009. I'm planning to visit India in Feb07 and return on AP. As I read in other forums that H1 will be valid and we can file for extension (even Cornin INS Memo (5-16-00)) memo says that. My attorney also confirmed that.
Keep posted your experiences.

Thank you.
ajkastar

godbless 01-19-2007 10:04 PM

Quote:

Originally Posted by ajkastar
I'm also in same situation only difference is my visa stamped in PP is expired (Jan06), but has H1 till Jan 2009. I'm planning to visit India in Feb07 and return on AP. As I read in other forums that H1 will be valid and we can file for extension (even Cornin INS Memo (5-16-00)) memo says that. My attorney also confirmed that.
Keep posted your experiences.

Thank you.
ajkastar

I would suggest you to get h1 your visa stamped from India and enter on h1 and not on AP. Don't even show your AP to the immigration inspector at the POE.


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