Re-entry without Advance Parole?

Old Oct 19th 2004, 4:09 am
  #1  
Max
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Default Re-entry without Advance Parole?

Hi,

I have a valid L1B visa which will expire in mid-2005.
My employer wanted to move me to H1B since the L1B cannot be extended
anymore.
So I applied for and was approved a new I-129 for the H1B.

However, I DO NOT have the H1B visa stamp.

If I want to travel outside the US, can I re-enter with the L1B visa? What
are the implications of that?

Thanks,
Max
 
Old Oct 19th 2004, 4:35 am
  #2  
crg
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Default Re: Re-entry without Advance Parole?

Originally Posted by Max
Hi,

I have a valid L1B visa which will expire in mid-2005.
My employer wanted to move me to H1B since the L1B cannot be extended
anymore.
So I applied for and was approved a new I-129 for the H1B.

However, I DO NOT have the H1B visa stamp.

If I want to travel outside the US, can I re-enter with the L1B visa? What
are the implications of that?

Thanks,
Max
You cannot reenter the US with the L1 visa unless you are returning as an L1. The only exception is for short visits to contiguous territory or adjacent islands. You'd need an H1B visa stamp to return from a trip overseas.

Seeking entry with the wrong visa may lead to an order of expedited removal and a 5 year bar from reentry, and a possible permanent bar for fraud.
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Old Oct 19th 2004, 4:57 am
  #3  
Max Mumble
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Default Re: Re-entry without Advance Parole?

Thanks for the quick response!
What do you mean by "unless you are returning as an L1"?

"crg14624" <member20421@british_expats.com> wrote in message
news:[email protected] m...
    >> Hi,
    >> I have a valid L1B visa which will expire in mid-2005.
    >> My employer wanted to move me to H1B since the L1B cannot be extended
    >> anymore.
    >> So I applied for and was approved a new I-129 for the H1B.
    >> However, I DO NOT have the H1B visa stamp.
    >> If I want to travel outside the US, can I re-enter with the L1B visa?
    >> What
    >> are the implications of that?
    >> Thanks,
    >> Max
    > You cannot reenter the US with the L1 visa unless you are returning as
    > an L1. The only exception is for short visits to contiguous territory
    > or adjacent islands. You'd need an H1B visa stamp to return from a
    > trip overseas.
    > Seeking entry with the wrong visa may lead to an order of expedited
    > removal and a 5 year bar from reentry, and a possible permanent bar
    > for fraud.
    > --
    > Posted via http://britishexpats.com
 
Old Oct 19th 2004, 6:50 am
  #4  
Sylvia Ottemoeller
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Default Re: Re-entry without Advance Parole?

"Max Mumble" <[email protected]> wrote in message
news:PHbdd.7070$n81.5140@trnddc08...

    > Thanks for the quick response!
    > What do you mean by "unless you are returning as an L1"?

What is not clear about the statement? It means to enter the U.S. after
having shown the immigration officer the L-1B visa stamp, and having an I-94
Arrival-Departure record endorsed as L-1B, and beginning immediately to be
employed in the job indicated on the L-1B petition, performing the duties
and receiving the salary indicated in the L-1B petition.

Before your L-1B status expires, in order to avoid violating status, you
will either have to leave the U.S., or the employer will have to file
another H-1B petition requesting a change of status.

    > "crg14624" <member20421@british_expats.com> wrote in message
    > news:[email protected] m...

    > >> I have a valid L1B visa which will expire in mid-2005.
    > >> My employer wanted to move me to H1B since the L1B cannot be extended
anymore.
    > >> So I applied for and was approved a new I-129 for the H1B.
    > >>
    > >> However, I DO NOT have the H1B visa stamp.
    > >>
    > >> If I want to travel outside the US, can I re-enter with the L1B visa?
What
    > >> are the implications of that?

    > > You cannot reenter the US with the L1 visa unless you are returning as
    > > an L1. The only exception is for short visits to contiguous territory
    > > or adjacent islands. You'd need an H1B visa stamp to return from a
    > > trip overseas.
    > >
    > > Seeking entry with the wrong visa may lead to an order of expedited
    > > removal and a 5 year bar from reentry, and a possible permanent bar
    > > for fraud.
 
Old Oct 19th 2004, 9:52 am
  #5  
crg
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Joined: Jan 2004
Posts: 7,598
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Default Re: Re-entry without Advance Parole?

Originally Posted by Max Mumble
Thanks for the quick response!
What do you mean by "unless you are returning as an L1"?
The visa stamp category must match your intent. You said you are going to returning as an H1B. So you need an H1B visa stamp.

If you attempt to enter using the L1 visa stamp when you are really an H1, then you can get into real trouble.
crg is offline  
Old Oct 19th 2004, 1:13 pm
  #6  
Jozef
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Default Re: Re-entry without Advance Parole?

"Max" <[email protected]> wrote in message
news:B_add.521$106.238@trnddc03...
    > Hi,
    > I have a valid L1B visa which will expire in mid-2005.
    > My employer wanted to move me to H1B since the L1B cannot be extended
    > anymore.

Why is it that your L-1B could not be extended anymore? If it is because of
the time limit, an H-1B would only buy you another year.

    > So I applied for and was approved a new I-129 for the H1B.
    > However, I DO NOT have the H1B visa stamp.
    > If I want to travel outside the US, can I re-enter with the L1B visa? What
    > are the implications of that?
    > Thanks,
    > Max
    >
 

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