Immigration Issues/Advance Parole Usage

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Question
Now that I have my advance Parole can I go to India and come back on Advance Parole but still maintain my H1. Or if I use Advance Parole does my H1 get revoked automatically and my status converts to EAD automatically. I want to maintain my H1 till I get married. Please let me know of any issues with using Advance parole to enter the country. Please note I might get married next year and I don't want to get into any immigration issues. Please advice. Is it safe to just get my H1 stamped in India.


Answer
Amit Verma,
You can use your H-1 visa to reenter the US. If you plan to use your Advance Parole to re-enter the US then your status on entry is "parolee". But you can revert to your H status by appling for your H extension when it becomes due.

If you are planning to bring your wife into the US immediately then she should apply for H-4 visa prior to your re-entry into the US on Advance Parole. Or both of you should apply for H-1 & H4 visas simultaneously. There are no issues to get H visa in your circumstances, provided you have paystubs..W-2's and documents showing that you have a bona-fide job.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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