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H1B Status and Use of Advance Parole Document

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  • H1B Status and Use of Advance Parole Document

    Hi,
    I came to India for getting my visa stamped from my employer. I got stuck due to 221g Security Clearance.
    It took 4 months to obtain Security Clearance, but, by that time, my Employer terminated my employment.
    I am currently in India and Planning to use my Advance Parole Document for my travel to USA.
    Even though, I have a Valid H1B Visa stamped in my passport from my previous Employer valid till, March 2013, I can't use the same, as my employment has been terminated by the petitioning Employer, while I am in India.
    Meanwhile, I tried to reach a Consulting Company to sponsor me a New H1B under non-cap, but, USCIS is insisting Client Letter and Purchase Orders to file a New H1B. Since the consulting company doesn't have Client Letter and PO, they have put on hold my H1B application.
    I am getting married in October and planning to take my wife along with me. I don't have any Employer right now.

    I have following valid documents:
    1. Valid H1B visa stamped in my passport ( expires March 2013).
    2. Valid Advance Parole Document ( expires Nov 2011 ).
    3. Valid EAD card ( expires Nov 2012).


    Could anyone Please clarify the following concerns.

    1. If I plan to use my advance parole, which expires on Nov, 2011.
    Will it cease OR make void of my H1B status?.

    2. If using my advance parole document voids my H1B status, how can i change to H1B status, so that, I can bring my wife on H4 visa?.

    3. Do I need a Offer Letter for using my Advance Parole Document to show it to the officer at Port of Entry ?.

    4. if i come using Advance Parole to USA, is it mandatory that, I use my EAD for employment?.
    how can i use the valid H1B visa for my employment after using Advance Parole?.

    5. Can a New H1B application be filed without Client Letter and Purchase Order ?.

    6. Can a New H1B application be filed in USA, after my travel to USA using Advance Parole?.


    Kindly Guide.

  • #2
    I think this is complicated and you need to consult an experienced attorney. Most of them will consult over phone or e-mail.

    Some thoughts though,
    Did you employer revoke the I-140 also? If so it may not be possible to use the AP or EAD at all.
    Since you do not plan to enter in H1 status, which status will your wife have? She cannot have AP before she enters the US.

    The best alternative for you in my opinion is have another employer file H1 petition for you (why not find a real full-time job rather than consulting position) and then you can use your existing visa and new petition to enter the US. Your wife can also obtain H4 visa using the new petition approval notice and enter with you.
    This is my opinion and not legal advice.

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