TRAVEL ON AP OR GET H1B VISA STAMPED

[coolmady]

Hello Experts,

Need Advice. I am on H1B from 2002 till today. file Green card, Priorty date February 2005. EB3. My Existing H1B expires on April 30, 2013. Got an H1B Extension for another 3 years from May 1, 2013 - April 30, 2016.

Now I have to travel to India on April 25 th , 2013 coming back on 3rd May, 2013. Should I use my AP or Get my H1B stamped and then go to India.

As my trip is short for 1 week. I do not have time to get H1B stamped in India.

AP - 1. If i travel on Ap, will my H1B Extention get voided?

2. If I come back on AP & later this year I got to Canada and get my H1B visa stamped, will it bring me back on my H1B status?

H1B VISA Stamping -

1. If I go to Canada before my visit to India and get my Visa stamped, will they give me visa till April 30, 2013 or will they consider my extension which starts from May 1, 2013 - April 30,2016?

2. If they give me Visa from May 1, 2013 - April 30, 2016, How I will return to USA before May 1, 2013. If I use my AP, will this visa get cancelled?

Its very confusing, couldnt get proper answer any where, please help. Give me the best suggestion.

Thanks All.

[Attorney_11]

The answer depends on personal circumstances. Generally it is better to maintain status like H-1B rather than be present in a period of authorized stay after a parole entry. In certain circumstances, an H-1B noncitizen who travelled and returned on parole may be readmitted to H-1B classification after return based on USCIS policy. The effect on dependents and their status should be taken into account. It is advisable to seek the counsel of a qualified immigration attorney.

[coolmady]

Thanks Attorney.

[coolmady]

Hello Experts,

                        Finally I traveled on EAD/AP on April 22th and came back on 30th April. My H1 was expiring on April 30th ( no stamping). I have H1 extended before leaving USA. which is extended up to 2016. When I cam back They hold me for 1 hr at the immigration. they said nothing wrong but just want to enter all info. then they just gave me the passport and stamped Parolee on my & my wife passport. So I aked the Officer whats my status, he said parolee. So I told him my new H1 is starting from tomorrow. and he didnt had any answer. He said you are in Parolee..

 

So I dont know wether i am in H1 or parolee.

 

What your opinion.

 

Thank

 

Coolmady