Thanks to everybody that take their time to answer all questions and doubts!

I will try to explain my problem with my bad english...

I entered in December 2006 to US with my B1/B2 Visa )I-94 with 6 months until Jun 11. Then a sponsor filed the H-1B Visa and I have the approval notice.

I married one month ago and yesterday we sent all the forms with the supporting documents (I-130, I-131, I-485, I-693, I-765, I-864) via Fedex Overnight.

Today I received a call from my mother in my country that my father will be under a complex surgery on June 28. He is old and I want to be there for that time (maybe the last time?) I checked a lot of timelines on internet of the AP a looks like I'm not going to have the AP on time to travel to my father's surgery.

So my question is: What if I leave US JUST AFTER THE FINGERPRINTS and when the AP arrive then my wife mail to my country to use that in my return to US? Is that possible??

Now once I sent the I-130 I will loose the H-1B Status? Or just in case Do I have the option to return to US with the new visa in October 1 (the date of my H-1B active)?

Thanks and sorry for all my questions.

Gus
05/01/07 (I-130, I-131, I-485, I-693, I-765, I-864) package sent to Chicago (overnight Fedex).

Gus,

Your advance parole document must be approved before you leave the country. The word 'advance' in the document name really does mean something.

Yodrak

I don't have personal experience with it, but I believe you could make an infopass appt and apply for emergency AP. I've heard of others doing this and receving the AP same day. You must bring something that proves your father is undergoing this surgery and that you must be with him in case it's your last chance to see him.

Thanks for all answer. I will try to find more info about the emergency AP. But I still have the doubt what is the difference if I travel to my country then my wife mail the AP once approved. At the end I will show the AP to the goverment when I will return to US. And they never check anything when you leave. I don't know just want to read more opinions.

You need to be there in person to receive the emergency AP, so you cannot get it while abroad. If you leave the country without it, you are causing HUGE problems!

Well, they'll know when you left. And they'll know when the AP was issued. If it's after the date you left, yeah that's a problem.

Hi to all. A lawyer in another forum wrote me that I could go to Venezuela with my H-1B approval notice, stamp the new visa in the US Embassy and return with the H-1B Visa but my question is: I need to know if that will affect my I-130 process! I just don't want to return I want to continue with my I-130 process.

MEOW_MIX one question direct for you. I read your timeline... So your entire process from the day you sent the I-130 to Chicago took only 2 months?? (From March 02, 2007 to May 01, 2007) That was FAST! I sent my I-130 and everything else on May 01 Overnight. They received today so what do you think?? Do you have any idea of when at least the AP will be approved? I sent a lot of documentation to prove that my marriage is in bona fide.

Take care.

Actually if the OP has an approved H-1B, then they can take that back to their home country and apply at the US consulate there for a H-1B stamp, which will allow them to re-enter the USA.

EDIT: I should read all of the thread first!

BTW - no doing that will not affect your I-130 application, due to the duel intent nature of H-1B.

Dr_LAH is correct.
If you have H1B approved you can go out from the country, but make sure you make an appointment with the American consulate in your country before you plan on your trip. Once you have an interview, you have to wait until your visa is approved. They will take your passport, so you won't be able to leave your country until you get your visa approved. I recommend you to find out what the lead-time is in your country. American Consulate in Tokyo has one month lead-time and there was no way for me to leave work for a month for my visa, so I went to Ottawa to get my visa since the wait time in Canada is only 2-3 days. I made an appointment with them by infopass 3 moths prior to my interview date.
It is a lot of work to get a H1b visa......

We didn't apply for AP because he has a sizeable overstay (had, now he's a PR whee), and never received the EAD we applied for. *Generally* from what I've read, the AP and EAD is going to take at least (or very close to if sooner) the 90 days. Emergency AP can be obtained sooner, but like others said, you need to go to the office in person to get it and have evidence to back up your request.

Our entire process did take under 2 months but it's extremely rare, and we were extremely lucky. I'll be thanking my lucky stars for that for a while to come, believe me.

Thanks for all answers!

I still have one doubt! I read on several websites that once I apply for a I-130 then the H-1B will be terminated or something like that. I don't care about the H-1B anymore (just will be good to return to US once I leave to visit my father in his surgery)

Only I need to know if I leave without the Parole and return to US with the H-1B then my I-130 process will be affected??

All I want now is the Permanent Resident throught I-130 I filled two days ago! The H-1B has too limitation!

Thanks again!!

I wouldn't have thought it terminated when you submitted the I-130 because then you'd be an illegal. Perhaps they were saying it terminated when you received your PR status?

Dr_LHA,

You are right - as long as an H-1b applying for adjustment of status has an I-797 Reciept Notice for the adjustment application, and they travel and return on the H-1b visa to work for the same employer, they don't need advance parole.

Nor do they need to have submitted the I-765 for employment authorization, although having EA will allow them the flexibility to change employers should they wish. In which event they would then need advance parole to return to the USA following international travel.

Thanks for correcting me.

Yodrak

Those websites were wrong. I-130 has no affect on H-1B.

Thanks.

OK Dr_LHA and everybody but again. I'm still thinking in my 3 options:

1.- Leave US without the parole for the I-130 and return with the H-1B (I-130 affected?)

2.- Leave US without the parole and my wife send to me to Venezuela when arrive approved to our home in US (I-130 affected?)

3.- I will go to a Infopass interview next May 17 with the hospital's letter to prove that my father will be in a complicated surgery (AP soonest?)

Please your opinion in each option.

THANKS

gustahot,

1. This is your best option. Your H-1B visa remains valid until it expires, or until you become an LPR and do not need a visa any longer, as long as you do not change employers.

2. This is not an option. If the advance parole has not been issued prior to your departure it is useless.

3. #1 is your best option. Better to be admitted to the USA than to be parolled into the USA.

Yodrak

Thanks Yodrak, but then Why I can't return with my B1/B2 Visa if that visa is good for 10 years? Just I'm curious. What is the difference to go to Venezuela without the parole and return with the H-1B instead of the B1/B2? Why the people need a parole if they have the B1/B2 non expired?

I have my appointment with Infopass next week (May 17) and I will ask everything, I will post the answers here.

If you enter on your B1/B2 you get into all kinds of visa fraud issues.

Because applying for AOS invalidates a B1/B2 visa, but it does not invalidate a H-1B.