H1B extension approved but no visa stamping. Have EAD with Advance Parole. Is it ok to re-enter with AP or that will kill H1B?

Bankruptcy and Debt 5 views 3 answers
Do I lose my H1B if I enter with EAD/AP ? I have a 3-year extension approved but my h1b visa stamp is expired. Do you see a problem re-entering with AP? My I-140 is approved and I-485 EB-3 ROW is pending.

Attorney Answers

3
F Capriotti 2793192.Html ·
ROW?????? OK, here is the deal. If you exit the US you can: 1. Apply for a new H-1 visa stamp and use that to enter the US ... best idea, in my opinion 2. Use the AP (Advance Parole) document to enter the US an no longer be on H ... not a good idea in my opinion ... you never know if there will be problems with the AOS (Adjustment of Status) application. Franco Capriotti 1-503-803-0055 Capriotti International Law www.capriotti.com [email protected] SKYPE 3-WAY VIDEO AVAILABLE
0 upvotes
J Ferrari ·
Yes, if you enter with advance parole, you are no longer on H-1B.
0 upvotes
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
if your H-1B consular visa stamp has already expired, then there is no need to continue "beating a dead horse": you are no longer in H-1B status if you reenter with AP!
0 upvotes

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