have a valid h1b but visa has expired for the h1b. However I have a valid advanced parole. Can i travel with advance parole and not bother getting a visa or is it better to get a visa, h1b expires september 2015.

thank you for all you help

I was in the exact similar situation few months back and I decided to use AP (advance parole). In order to make decision whether to go for H1b stamping or to use AP, you have to weigh a couple of things. Are you single and planning to get married? If so, going for H1b visa is the best solution since your wife can enter US in H4 visa and you can add her in your pending I-485 as a dependent.So, she will get GC soon. If you don't go for H1b stamping, and you enter US in AP , your status will be "parolee" and god forbid, if your I-485 gets denied for some reason then you have to leave US within 30 days.

On the other hand, if you aren't planning to get married or are already married and your I-485 case is straight forward (like no criminal history, no out of status issue, good company sponsoring your GC) then I wouldn't bother to go for H1b stamping.

I amn't a lawyer, so please take this advice on your own risk.

My experience is same as Madanbahadur. My H1B visa in my passport had expired (though I had already done H1B extension) and I used A/P card for travel just a month ago. No issue at all.

If you look at the USCIS advance parole's instruction form, it says "DHS may issue an AP document to authorize an alien to appear at a port of entry to seek parole into the US. The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the US. However, warning: The document does not entitle you to be paroled into the US; a separate discretionary decision on a request for parole will be made when you arrive at a port of entry upon your return."

It means, AP should work just fine, even if the visa has expired. However, if you have any thing bad in your background history then you will have problems.

@SKH: could you please let me know what documents i need to apply For AP. And how many days it will take to approve. And while leaving the US do i need to show AP at the airport or i need to show while entering into the US.

And if i leave the US as a H1b .Can i come back through TPS AP if my h1b is not stamped.

Thanks in Advance

Regards,

RAJA

I just came back to the states with an AP was well. I came on a pre cleared filght from abu dhabi(immigration done at the abu dhabi airport). I was taken to the secondary processing center inside the hall (like in movies).It was little nerve wrecking at first but nothing serious.

CBP agent:- Why are you going to america ?
Me: I go to school there and work as an internI actually work full time)
CBP agent: Y don't you have a visa ?
Me: We had a massive earthquake few months back I was qualified for TPS and I applied for AP to see my family.
CBP: Your family, are they good ?
Me: Yes all fine.
CBP: Do you have anything edible in you luggage like meats / fresh vegetables / fruits ?
Me: Not in the luggage. I have some apples in my carry on bag.
CBP: You can put the apples in the can there and move on.
As I was going to throw away the 7 apples from he asked
CBP: You like them apples huh(pun not intended) ?
Me: Yes its from a place call Mustang .. It's supposed to be very good.
CBP: Actually you can eat one of them if you would like before going to the gate.
Me: Sure , thank you sir.

After that it was all smooth. I flew Ethiad . I watched BPL , Aresenal vs Tottenham live up in the air so that was sweet. Landed in Dallas and drove straight to Jasons Deli and ate a massive Corned Beef Sandwich bought some Shiner Bock and went home.

Hi Guys,

For AP. What is the fee.I saw there is 85 dollar for biometric fee. My tps already got approved and done with Biometric too.Do i still need to pay biometric fee and again do i need to do biometric separately for AP

Regards,

Raja

I have one quick question, could you guys shed some light on it? I have my H1b visa Stamped and an approved TPS. Do I need to apply for an AP to travel or I can just travel on H1b without applying for an AP? OR, apply for an AP just in case if there is an issue entering on stamped H1b (Rare Case)?

Thanks and Regards,
Ohio

If you have a H1b visa stamped there is no Need for AP. Just come back on the H1b visa ..Geez.

The whole point of AP is to assure travel for people who do not have other means of getting back.

@fdpower: Thanks for your answer. I can relax now.