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Posted on 26 May 2009
Q.

Travel - Advance Parole

My situation AP approved, EAD approved, I 140 approved, 485 pending. Just got 3 year extension untill 2012 for my H1 based on my I140 approval. I want to travel to India, I am on H1 since 2002 and the initial 2 years i had considerable bench time, was paid very low but from the past 3 years I am doing ok and have had continuous employment from 2.5 years and good W2's. If I travel to india and return on AP will I have a problem due to my bench at the port of entry. Will the Port of entry officer have my IRS information? Can the POE officer quiz/deport me due to my old bench time?

Also will I have to reinstate my H1B once I come back as my I 94 is going to say 'AOS pending' as I want to stay on H1 and not use my EAD?

User's Location: Old Bridge, New Jersey, United States of America
Category: Employment-based Green Card
Posted on 26 May 2009
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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