H1 Stamping and advance parole

[hmahajan]

To all the Immihelp Forum veterans,
I have been in the USA on H1-B for over 8 years now. My H1-stamp expired in 2004, but have my 797 valid upto June of 2009.
I am planing to visit India in December and would ceratinly have to get the visa stamp.
If I do not get the visa stamp for some reason and come back on Advance Parole, what is my status. Am I eligible to apply for new H1 or H1 extension?
Even though my EAD is valid for another 2 years, what if I don't get my GC by the time my EAD expires?

Any help is highly appreciated.

Thanks!

[txh1b]

You can get back on H1b when H1b is nearing it's end, if it gets extended. If you continue on EAD and do not get a GC, apply for a renewal.

[hmahajan]

I ma not sure if I understand

txH1B,
Thanks for your immediate response. I am not sure if I understand though.

Since my visa(stamp) has already expired and only thing I have is valid 797, if I come back on AP and continue to use EAD, wouldn't I be out of status if I don't get my GC by the time my EAD expires? Can I still apply for new visa or extension then?

Thanks Again!

[txh1b]

EAD does not give one status. EAD is valid for employment only. You need to spend more time understanding what a parolee is. Until the GC is denied, one could apply for EAD extension and parole and is considered to be in "Autorized stay" period.

Parolee is typically an authorized period of stay but NOT a status.

[AALI]

I guess i know what you are exactly asking. I am in the same situation. You can always travel on AP without getting stamp on your passport. The only thing you should understand that during your visit if your GC get denied for some reason you wont be able to enter in US on your AP. Having visa(stamp) is always better than traveling on AP.

[hmahajan]

What heppens to tiyr I797

If you reenter USA on AP and do not get the visa stamp, can you still apply for extension of stay in few months or your I797(which is still valid for another 6 months) becomes invalid?

[txh1b]

I797 does not become invalid unless the employer revokes it. H1b extension can be applied even after entering on AP and the results have been inconsistent on this.

Some service centers have extended the H1b and put the applicant back on H1b status while some service centers were not. so, YMMV.

[Rhys]

H1 Stamp after entering on AP

Hi, I was in Mumbai for the last 2 weeks in August 2008 for an emergency and while I was there, I applied for an H1-B stamp on 8/27. The IO said that some Admin processing is needed and it will take a few days (PIMS). I could not wait more than 3-4 days and returned to the US on AP with any problems.

After I reached home the next day (9/4), I received the email from the Mumbai Consulate that the processing is complete and I can submit my passport for stamping. I ignored it as I was in the US on a Parolee status on my I-94 and also received new AP documents

Now I am planning to go to Mumbai on 12/10 for a vacation, my question is can I submit my passport to get the visa stamped? or should I have applied for another H1- extension and take another interview etc. I would prefer to have a visa stamp as a back up.

Any folks with similar experience, please share your experiences. Any one who can help answer my question or has and thoughts, please feel free to respond.

Thanks

[zaferdie]

I have similar problem.
I had my interview on 11/21 for H1B visa. My wife got through her H1 B stamping but the Officer told me that I need some more time for additional administrative process. I have been working in USA on H1B status for 4 yrs.

What is this administrative process and how long does it take.

One note- the officer kept my passport and said that I will get my passport after some days, how many he didnt tell me, so one thing is sure that I should get the visa.

[txh1b]

If they kept the PP, it is good. It could be PIMS and you will get the PP back soon with the visa.

[txh1b]

Hi, I was in Mumbai for the last 2 weeks in August 2008 for an emergency and while I was there, I applied for an H1-B stamp on 8/27. The IO said that some Admin processing is needed and it will take a few days (PIMS). I could not wait more than 3-4 days and returned to the US on AP with any problems.

After I reached home the next day (9/4), I received the email from the Mumbai Consulate that the processing is complete and I can submit my passport for stamping. I ignored it as I was in the US on a Parolee status on my I-94 and also received new AP documents

Now I am planning to go to Mumbai on 12/10 for a vacation, my question is can I submit my passport to get the visa stamped? or should I have applied for another H1- extension and take another interview etc. I would prefer to have a visa stamp as a back up.

Any folks with similar experience, please share your experiences. Any one who can help answer my question or has and thoughts, please feel free to respond.

Thanks

If it has not been 1 year since your last interview and they asked to submit the PP for the visa, you could do so with the same VFS tracking number. What do you mean by another H1b extension?

[Rhys]

Thanks Txh1b !

Thanks for your response. I have the VFS receipt #, and all papers that are required for the stamping. My I-797 is valid till 8/2010. By H1-xtension, I meant that do I have to apply for a new I-797, I-129?

[txh1b]

If you have a valid I797, why do you have to apply for a new one? You cannot extend the H1b while it is active and prior to 6 months of expiration of the I-94.