Spaad Posted August 25 Report Share Posted August 25 Hi, I have a valid I-797 from May 2021 to May 2024 but don't have the H1-B visa stamped.Went for vacation to India last year and since I also had EAD/Advanced Parole, I entered using AP in October 2022 (used Advanced Parole to enter as it was difficult to get visa stamping dates last year).During that time, they gave I-94 only for 1 year, and it is expiring in October 2023The question is, am I allowed to stay even beyond the I-94 expiry date(based on AP) or should I have to travel out and re-enter using H1-B (I-797)?Thanks Quote Link to comment
Attorney_20 Posted September 13 Report Share Posted September 13 In this case you can stay beyond the AP validity date but you should obtain a new AP before traveling internationally again. If you have returned to your H1B job after using AP to parole in, USCIS policy allows you to still file an H1B extension before May 2024 despite your use of AP to enter. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.