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How should I re-enter US in my case, with Adavance Parole or with H1B?

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  • How should I re-enter US in my case, with Adavance Parole or with H1B?

    1. I'm working on L1B visa that expires on Aug-31, 2019.
    2. I have an approved H1B visa from April, 2019 and I will be able legally stay and work on H1B visa once I re-enter US with H1B.
    3. I have I-140 approved and I got EAD/AP card. My green-card interview is in Aug-13, 2019.

    Since my L1B expires, my attorney said that I need to stop working on L1B no later than Aug-31 and depart the US by Sep-10, get H1B visa stamp in passport at the embassy at my contry and then re-enter US.

    Now, should I re-enter with H1B visa or use Advance Parol? If I decide to re-enter with H1B visa will this how delay my green-card or trigger RFEs since I was on L1B when I applied I-140, I-485, I-765 (EAD) and I-131 (AP)?
    Last edited by naida; 07-16-2019, 05:09 PM.

  • #2
    You can enter using either H1 or AP. Whichever option you choose has no bearing on your GC petition.
    Just an opinion; Not legal advice.

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    • #3
      Be careful this makes a HUGE difference. If you enter as AP, your non-immigrant H1B visa will be cancelled. In this case, if your GC is denied, you cannot stay in the US and your employer will need to re-apply for a new H1B for you. To keep your valid H1B status, don't use your AP to enter the US and do not use your EAD to work. This is what my lawyers explained to me recently, this is the same reason I am not working on my EAD and kept my status as H1B.
      H1B is a dual intent visa and as far as I know, re-entering as H1B does not affect your GC process at all.

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      • #4
        I don't know much about L1B Visa, can't you just change status in the USA from L1B to H1B and not need to travel?
        Nov 2018 - Package sent - EB - Texas Service Center
        Day 1 - Package received at the lockbox
        Day 999 - Card delivered to me - Aug 2021
        ---
        All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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        • #5
          Originally posted by Enub4 View Post
          I don't know much about L1B Visa, can't you just change status in the USA from L1B to H1B and not need to travel?
          Legally, yes you can switch from L1B to H1B without going out of country. However the chances are approval will depends on various other factors.
          - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

          If my opinion helping you, then please do click "like" button below.

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