H1B extension and AOS through marriage

[sup_sof99]

Hello,

I am on H1B visa for over 6 years now. I had a 140 immigrant petition approved in 2008. But priority date is not current to file 485. Have been waiting 3 years already. I recently got married and am preparing the package for green card through marriage which I will be mailing out within 5 days from today. I have not told my employer attorney about this since do not wish to use his services for that app. My current h1b visa stamp in passport (as well as status) expires on May 14,2012. company attorney has been preparing the H1b extension but it is very slow and it may take him another month. (Company recently went through merger and they will be filing the extension under a new company name).

With these specific circumstances I am planning to travel to my home country in mid April (by that time both the AOS and h1b extension would be filed) and return on May 7th, can you tell me:

1.If I should not apply /or have not yet received/ for advance parole with AOS, will I have any trouble returning on May 7th with a h1b visa which expires in 7 days?

2. Or should I apply for advance parole document with AOS and use that to return instead? If I do so, will that invalidate my H1B extension?

3. What is the best choice for me to do knowing I prefer to maintain both: marriage AOS application and H1B as back up?

Thanks

[pontevecchio]

Why would you need H1 back up ?

[mike999]

Usually EAD/AP is approved within 90 days of filing. Since you will be filing next week, u can expect it by end of April.

[sup_sof99]

Well, I want to maintain valid H1B since this is the basis for my current employment.

I am planning to travel abroad April 11, so I may not have the AP before I leave. I would be returning May 7th. If it has arrived in the US before then, can my relative just mail it to me abroad?

I will have a valid H1B on May 7th, but the officer will see that it expires in 7 days, and will stamp my I94 as such. When I get my H1 Extension, it will probably start May 15 for 1 or 2 years. Will I need to somehow get a new I-94 that shows the extension end-date?

[pontevecchio]

Your need to become a GC holder trumps the need to maintain H1 status. Get a move on and file the AOS. If necessary spend money so that a Lawyer can do all the necessary. Do not leave without AP. You can have H1 extension filed with PP this week and have it approved before you leave in which case the 7 day validity of the H1 visa is immaterial.

[sup_sof99]

I already filed the paperwork for AOS last week. Now I am just hoping I get both ( Or at least one) - H1 extension approval and AP received before April 11th!! Don't think that my company will pay for premium processing of H1. If I don't have either document before I leave, I think they should let me in since visa is not expired. I will also consider getting the AP mailed to me abroad.