H1B expired, Valid I-797, will AP allow re-entry?

[sage79 0]

Hi my H1B visa (stamped on my passport) from my previous employer expired in Feb 09 but I have a valid I-797 from my current employer approved till 2011. I married a US Citizen in Dec 08 and will be submitting my AOS and I-130 soon.

So what do I fill in I-130 as date authorized stay expires ? I guess I would have to fill the same in I-485 too.

Also, based on my scenario, will AP (Advanced Parole) guarantee my re-entry?

Thanks.

[Bobby+Umit 161]

Hi my H1B visa (stamped on my passport) from my previous employer expired in Feb 09 but I have a valid I-797 from my current employer approved till 2011. I married a US Citizen in Dec 08 and will be submitting my AOS and I-130 soon.

So what do I fill in I-130 as date authorized stay expires ? I guess I would have to fill the same in I-485 too.

Also, based on my scenario, will AP (Advanced Parole) guarantee my re-entry?

Thanks.

Probably what your current I-797 says.

AP does not "guarantee re-entry", it just shows you have been given permission to travel for a compelling emergency before you were otherwise permitted.

You still have to pass inspection, and not meet the 3/10 ban criteria.

[sage79 0]

Hi my H1B visa (stamped on my passport) from my previous employer expired in Feb 09 but I have a valid I-797 from my current employer approved till 2011. I married a US Citizen in Dec 08 and will be submitting my AOS and I-130 soon.

So what do I fill in I-130 as date authorized stay expires ? I guess I would have to fill the same in I-485 too.

Also, based on my scenario, will AP (Advanced Parole) guarantee my re-entry?

Thanks.

Probably what your current I-797 says.

AP does not "guarantee re-entry", it just shows you have been given permission to travel for a compelling emergency before you were otherwise permitted.

You still have to pass inspection, and not meet the 3/10 ban criteria.

Thanks Bobby_Umit.

But if haven't been out-of-status ever in US and have had a clean history through out, does the USCIS have a legitimate reason to deny me entry? "No guarantee" seems a bit scary.

[bantam 0]

It would be pretty foolish to leave under your circumstances, AP or not.

[payxibka 10,047]

But if haven't been out-of-status ever in US and have had a clean history through out, does the USCIS have a legitimate reason to deny me entry? "No guarantee" seems a bit scary.

USCIS will not deny entry but the CBP could....

[Bobby+Umit 161]

Hi my H1B visa (stamped on my passport) from my previous employer expired in Feb 09 but I have a valid I-797 from my current employer approved till 2011. I married a US Citizen in Dec 08 and will be submitting my AOS and I-130 soon.

So what do I fill in I-130 as date authorized stay expires ? I guess I would have to fill the same in I-485 too.

Also, based on my scenario, will AP (Advanced Parole) guarantee my re-entry?

Thanks.

Probably what your current I-797 says.

AP does not "guarantee re-entry", it just shows you have been given permission to travel for a compelling emergency before you were otherwise permitted.

You still have to pass inspection, and not meet the 3/10 ban criteria.

Thanks Bobby_Umit.

But if haven't been out-of-status ever in US and have had a clean history through out, does the USCIS have a legitimate reason to deny me entry? "No guarantee" seems a bit scary.

As noted above, CBP does the inspecting/granting of entry, not USCIS at the POE.

Again, it is important that the alien obtain the proper documentation before leaving the United States., Also, an alien should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.

Read up on this subject:

USCIS emergency travel

[sage79 0]

Thanks guys. I guess I should just play it safe and avoid any unnecessary travel outside US till I get my conditional green card, sucks though