Immigration Issues/Advance parole usage

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Question

Hello Ramasamy Krishnan:  I have a question on “Travel Document (Advance Parole(AP))”.  I have my AP and am planning to visit India in August 2008, I do have valid H1 until 2009 but I do NOT have valid “Visa Stamp on my passport”.  Obviously, I have to get a new visa stamp this time, if I go to India.  Is there any possibilities to get refused my visa or may get delay for more than three months, in that case, can I use my AP?  If I use my AP, what will happen to my H1 status?  Will I loose my H1 status and should I use EAD?

I am really confused with that, I really appreciate you for your response/view/opinion in this matter

Thanks for your help



Dhana


Answer
Dhana,
I cannot answer the question on the possiblity of refusal without knowing details about your case. And this not possible on this forum.

If denied you can use your AP to re-enter the US. On doing so you will become a parolee and not H-1B status holder.  But you can then file for an extension/change H-1B application to revert back to the H status.

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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