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  • H1-B Stamping and AP query

    Hi All,

    I have a question and would appreciate if anyone could answer the same.

    Me and my wife filed our I-485 during the chaos generated by USCIS and DOS. Now that they have agreed to accept the application, I am hoping that we will receive our EADs and Advanced Paroles within 3 to 4 months.

    We are planning to travel in the month of November and planning to get our H1-B stamped in our native country (My wife is on H1-B too). Now the question is, if by chance her H1-B stamp gets rejected, can she re-enter US using her EAD and AP? If not then she will have to enter as H4; does this affect her I-485 application and the whole Green Card process?

    Thanks,

  • #2
    Hi All,

    I have a question and would appreciate if anyone could answer the same.

    Me and my wife filed our I-485 during the chaos generated by USCIS and DOS. Now that they have agreed to accept the application, I am hoping that we will receive our EADs and Advanced Paroles within 3 to 4 months.

    We are planning to travel in the month of November and planning to get our H1-B stamped in our native country (My wife is on H1-B too). Now the question is, if by chance her H1-B stamp gets rejected, can she re-enter US using her EAD and AP? If not then she will have to enter as H4; does this affect her I-485 application and the whole Green Card process?

    Thanks,

    Comment


    • #3
      An approved AP makes consular H-1B visa stamping unnecessary, so much so, when there was never an instance that you violated your nonimmigrant status in the US.

      (Not a legal advice - take it or leave it).

      Comment


      • #4
        Thanks for such a prompt reply. My lawyer told me that if she re-enters US using her AP, she is implying indirectly that she is letting her H1-B status go, which we don't want to do. Is my lawyer correct? If not then is there any harm getting H1-B stamped as in any case I would be going for stamping. And the last question still remains that at the end if we still go for stamping and it gets rejected, can she still re-enter US using AP?

        I really appreciate your help in answering these questions.

        Regards,

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">My lawyer told me that... </div></BLOCKQUOTE>

          Whose advise would you rather rely on: your immigration lawyers or unknown poster on public board?

          Comment


          • #6
            Here's the deal, what I said only applies when you have in your hand the AP (Form I-131) approval and you're going out and coming in based on that.

            The other thing is that an EAD (Form I-765) approval supersedes your H-1B nonimmigrant status because you're already a permanent resident in waiting due to your pending Form I-485 application.

            It's a continuum of a systematic process where my question is why should your lawyer be so reluctant for you to undertake your ascent to the higher road leading to the new phase commensurate with your AOS application.

            I'm putting extra emphasis on the word 'approval.'

            Well, your lawyer has his own opinion, and I have my own. It's your own call.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by RationalE:
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">My lawyer told me that... </div></BLOCKQUOTE>

              Whose advise would you rather rely on: your immigration lawyers or unknown poster on public board? </div></BLOCKQUOTE>

              Yeah right, that's why I said it's their call.

              But here's the thing. Their lawyer is a stakeholder by virtue of a retainer's agreement entered into between them. And everything he does has a value in CASH.

              Posters here have no vested interests, whether in cash or in kind, just pure desire to help.

              You be the judge!

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">But here's the thing. Their lawyer is a stakeholder by virtue of a retainer's agreement entered into between them. And everything he does has a value in CASH.Posters here have no vested interests, whether in cash or in kind, just pure desire to help.
                </div></BLOCKQUOTE>

                I never said anything about motivation of anyone who gives the advise, be it a voluntary public-board poster here or monetarily retained immigration attorney out there.

                Only asked the OP (since he mentioned "My lawyer told me...") a question: whose advice would he rather rely on, his lawyers or unknown poster on public board?

                Comment


                • #9
                  You see the OP has a retained lawyer, but afterwards, on his own volition he registered on this forum, for some godly reasons only he knows, he posed the questions, I gave my opinion (not legal advice).

                  So..... I mean, what is your problem? I'm sure he doesn't need your help on how he would decide on which one to believe: his lawyer or what I said.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">You see the OP has a retained lawyer, but afterwards, on his own volition he registered on this forum, for some godly reasons only he knows, he posed the questions, I gave my opinion (not legal advice).
                    So..... I mean, what is your problem? I'm sure he doesn't need your help on how he would decide on which one to believe: his lawyer or what I said. </div></BLOCKQUOTE>

                    What is your problem with my asking a simple question of another poster on public board ?

                    Comment


                    • #11
                      My lawyer told me that if my wife's H1-B gets rejected she can enter US using Advance Parole but I still wanted a second opinion to rest assured and hence I registered here looking at such good replies to other people's questions.

                      Looking at "Rough Neighbour's" reply I don't think there is any harm in going for H1-B stamping. But if in the worst case, it gets rejected then still she can enter US using her Advance Parole. This is what I understood so far. Please correct me if I am wrong.

                      I really appreciate your selfless help.

                      Regards

                      Comment


                      • #12
                        I myself entered US using AP many times. Using AP does not invalidate your H1 / H4 status by anyway, but using EAD for work will do.

                        Please visit immigrationportal.com or immigrationvoice.org to see more indepth details regarding your query.

                        Thanks

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">My lawyer told me that if my wife's H1-B gets rejected she can enter US using Advance Parole...

                          Looking at "Rough Neighbour's reply I don't think there is any harm in going for H1-B stamping. But if in the worst case, it gets rejected then still she can enter US using her Advance Parole. This is what I understood so far. Please correct me if I am wrong.
                          </div></BLOCKQUOTE>


                          and

                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">My lawyer told me that if she re-enters US using her AP, she is implying indirectly that she is letting her H1-B status go, which we don't want to do. </div></BLOCKQUOTE>


                          Ultimately you have to decide what you want to do.

                          Comment


                          • #14
                            Thanks a lot guys for all your help.

                            Comment


                            • #15
                              "Ultimately you have to decide what you want to do."... by RationalE.

                              Brilliant advice, as always.

                              Okay, folks, let's leave it there.

                              Comment

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