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#15
12-10-2015, 01:08 PM
Senior Member
Joined in Apr 2012
232 posts
amoney3
Quote:
Originally Posted by Demise View Post
It's an uncharted territory. DOS hasn't really visited the issue, and USCIS has interpreted Arrabally that the re-entry ban doesn't trigger only if you actually return on Advance Parole and only if you return on it, so for all other reasons you'd still require a waiver.

You could probably try and see what the consulate abroad would tell you, and you'd be the first one. Considering that DOS has issued no guidance you might luck out and the consulate rules that AP consular processing is allowed. If they'd deny you - you still have AP authorizing your return as a parolee.

Otherwise, technically you could probably get an H-1B via an I-192 non-immigrant visa waiver, but then you'd still be inadmissible when it comes to permanent residence, until the 10th anniversary of your departure.
Considering that H-1B is generally given only up to 6 years (you can extend it further in one year increments if you have a pending or approved I-140), however unless you're from China or India where EB-3 is heavily backlogged even if you'd have problems actually getting your green card.
Thank you for the information. I'll do some more research and let update if I have any success.
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