H1B stamp & Advance parole

[txd24]

I am currently on H1B and have an appointment with the US Consulate in Toronto, Canada to get H1B visa renewed. Also FYI, I have Advance Parole by virtue of my pending I-485 adjustment of status

My question is - if for any reason my H1-B is denied by the visa officer or there are unforseen issues which significantly delay the visa processing, can I abondon the H1 visa application which in Canada and enter the U.S. on my Advance Parole?

Thanks for your time.

TXD24

[Subramanya]

I am currently on H1B and have an appointment with the US Consulate in Toronto, Canada to get H1B visa renewed. Also FYI, I have Advance Parole by virtue of my pending I-485 adjustment of status

My question is - if for any reason my H1-B is denied by the visa officer or there are unforseen issues which significantly delay the visa processing, can I abondon the H1 visa application which in Canada and enter the U.S. on my Advance Parole?

---- You need not abandon the H1 visa application once it is filed. You can pursue and in the meantime you return back to US on your AP and go to Canada whenever necessary for the H1 visa as and when the US Cosnulae invite you for interview or issue of a visa

Subramanya

[bbb]

Hi, I am newly registered to this forum, but a long-time regular reader. I have question in response to this post & answer from senior member , Subramanya.
Isn't is that once you use your parole, you have to use that and can't come back on H1-b until your GC is approved. I mean how can one, in this situation, use parole to return to US and then, again, get h1-b stamped and be on H1-b status. I heard once you start using EAD & parole, you lose your H1-B and you can't come back on H1-B. Please explain.....any comments from other seniors like TXH1B.

[txh1b]

Isn't is that once you use your parole, you have to use that and can't come back on H1-b until your GC is approved. I mean how can one, in this situation, use parole to return to US and then, again, get h1-b stamped and be on H1-b status. I heard once you start using EAD & parole, you lose your H1-B and you can't come back on H1-B. Please explain.....any comments from other seniors like TXH1B.

That is not true. A parolee can switch back to a non-immigrant status by means of a last action rule. This would mean either one has to re-enter on that non-immigrant status and get a I-94 that says so or have USCIS service center approve either a H1b extension or a transfer to another employer.

There are some inconsistent service center decisions on this matter however the last POE action will definitely put one back on H1b even if they had used parole earlier.

http://www.immihelp.com/forum/showthread.php?t=61056

[bbb]

Thank you very much TXH1B, for being so kind to respond as always. That helps a lot.

BBB