How Can I Change my Status From Parolee to H1B?

Question

I currently have an EAD/AP combo card. My plans are to go to India and use my EAD/AP at the POE during the return and then come back to the United States which will then put me in a parolle status. Is my employer allowed to put in a H1B amendment in order to switch back to a H1B from parolee status. Is this an option? Will the USCIS allow this amendment?

I do have an approved 1797/H1B petition that is valid until December 2015. I would like to stay away from H1B stamping.

Answer 1

It is always better to go to the consulate for stamping. However,  you should keep your non-immigrant work visa status until the day you get your green card status as a back-up in case their are issues with your green card status. Don't provide too much worry about going to the consulate because an H1B is a "dual-intent" category. If you go into the United States on Advanced Parole you will probably get a "pending Adjustment of Status" and then your employer will not be able to change you back to H1B status.