Advance Parole

Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

The Economic Times NRI Helpdesk: Can I extend my US visitor visa before it expires? And other FAQ's answered by Rajiv S. Khanna

3 years ago By Chief Editor

Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.

Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.

Jan 6, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQ: Consular processing employment-based green card with a job offer from a different employer

Impact on H-1B status of using advance parole

3 years ago By Chief Editor

Question details

H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice)

I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.

a) Does the use of AP on returning mean the H-1B status is abandoned in this case?

b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?

c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?

FAQ Transcript

a). Although you entered the United States on advance parole this time you are still considered to be holding a H-1B status. That is not disturbed by your exit and entry.

b). The I-94 that you get with the advance parole entry is limited and hence it should not be a problem. You should be able to transfer employers. You definitely can amend or even extend your H-1B within the United States. I am not aware of any limitations on the ability to use the H-1B for a transfer.

c). Yes you can always revive an H-1B. If the H-1B has expired, you can seek a renewal of the H-1B through the USCIS and then go outside the USA (your home country or any country) and get a H-1B visa stamp and come back.

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Citizenship and Naturalization

Form N-470

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, December 09, 2021:

FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.

Continuing to use H-1B when I return on Advance Parole

3 years ago By Chief Editor

Question details

I have an approved EAD/AP with my current employer. I also have an H-1B approved until 2024 with the same employer. I have plans to visit India, my home country, in the near future. I am planning to utilize AP to come back to the U.S. and would like to work on the H-1B with the same employer. Is that possible? Also if I do not receive my green card until 2024, can I extend my H-1B with the same employer.

FAQ Transcript

It is great if you have the time and you can actually get the H-1B visa. If that is not possible what you can do is return on the advance parole. If you are coming to take up the same job which you had when you left and that job was an H-1B on a continuing H-1B, the Government will still consider you to be on H-1B. So returning on advance parole to take up the same job which you left on H-1B is considered to be a continuation of that H-1B. You can do H-1B extensions, transfers, etc., once you are in the U.S. More...

Sept 30, 2021, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, September 30, 2021:

FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.

Apri, 15, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

4 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

FAQS: H-1B revoked after 1 October, never used. Am I quota exempt? Travel while I-485 AOS is pending: returning on H-1B visa, AP, AVR etc.

Guestbook Entry for Rajalakshmi Aaasoori, United States

11 years ago By Anonymous (not verified)

Name

Rajalakshmi Aaasoori

Country

United States

State

Comment

Thanks Mr Rajiv Khanna for providing us guidance regarding travel on AP while being on H1-B. We are really looking forward to our India trip soon.

Guestbook Entry for Mrs. Ellarama Rao, United States

11 years ago By Anonymous (not verified)

Name

Mrs. Ellarama Rao

Country

United States

State

Georgia

Comment

Thank you for your prompt and highly informative, sensitive reply to my query. I hope my son, Srinivas, will tap into vast expertise and accorded help, and emerge the winner. Thank you. Mrs. Rao

Guestbook Entry for raju penmetsa, United States

12 years ago By Anonymous (not verified)

Name

raju penmetsa

Country

United States

State

Comment

It is so nice to keep in contact with attorney Rajiv S. Khanna and his Law Farm. I really appreciate there kind help regarding my immigration related problems. Thank you Mr Khanna and Mrs. Leslie for all your help.

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