Coming to US on H4 Visa. Pls suggest.

I

indian12

Registered Users (C)
Hi,

Being a new member, please accept my appologies if I am posting this question at wrong place and please advice me the right forum to post my question. I tried to search for the required info but couldn't find any relevant info. Here is my current situation and I need some clarifications:

Currently I am working on H1-B visa and my wife is on H-4 visa. We got our EAD and Advace Parole approved 2-3 months back after concurrent filling. We went to India on vacation in January 2004 and I came back in February using my H1-B visa. My wife had to stay in India and she will be joining me here in US next month. We both are maintening non-immigration status and she has a H4 visa stamped in her passport which is valid till February 2005. As I would like her to come back on H4 status and not use the advance parole, does she need any specific documents at port of entry here in US? My understanding is that she doesn't need any document as she has valid H4 visa in her passport. But I want to make sure that I am not wrong and send here all the required documents in mail.

Your prompt response in this regard is highly appreciated.

Regards,
 
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!!! As she has the H4 visa stamped till FEB 2005 she dont need to have any papers while coming to usa ..(if you are with the same company)

Originally posted by indian12
Hi,

Being a new member, please accept my appologies if I am posting this question at wrong place and please advice me the right forum to post my question. I tried to search for the required info but couldn't find any relevant info. Here is my current situation and I need some clarifications:

Currently I am working on H1-B visa and my wife is on H-4 visa. We got our EAD and Advace Parole approved 2-3 months back after concurrent filling. We went to India on vacation in January 2004 and I came back in February using my H1-B visa. My wife had to stay in India and she will be joining me here in US next month. We both are maintening non-immigration status and she has a H4 visa stamped in her passport which is valid till February 2005. As I would like her to come back on H4 status and not use the advance parole, does she need any specific documents at port of entry here in US? My understanding is that she doesn't need any document as she has valid H4 visa in her passport. But I want to make sure that I am not wrong and send here all the required documents in mail.

Your prompt response in this regard is highly appreciated.

Regards,
Click to expand...
 
Hi Kishuibm/Jharkhandi,

Thank you so much for your instant response. I really appreciate it. As far as working with the same company and not sending the EAD/Parole in mail is concern, I am still working for the same company and my wife already has the EAD/Parole with her as we got her approval before we went on vacation.

I was told by many people that I must send her some of the follwoing documents:

1. Copy of my recent pay-stub.
2. Copy of my H1-B approval notice.
3. A letter from employer stating that I am still working for the same company and continue to work.
4. Bank statement.

So is it safe to assume that I don't have to send aforementioned docs to her? Pls advice.

Regards,
 
You do not need to send anything. All that she needs is her passport with stamped H4 visa - that is all.

If asked(very very unlikely) about AP and EAD - she should maintain th fact that you are on H1b visa and she is on H4 visa and that you people never abandoned your H visa status and not to hide that she is derived beneficiary of your application(only if asked.).

Relax - you do not have to worry about this issue.
 
better

Better send all your documents(copies) including u r H1,passport and your latest pay checks.(this is just in case if the immigration officer asks ).

Good Luck.
 
And definitely have with her a copy of the I-485 receipt notice to indicate that she is an adjustment applicant but is choosing to travel on the H-4 visa.
 
Re: better

Originally posted by Hawa Hawa
Better send all your documents(copies) including u r H1,passport and your latest pay checks.(this is just in case if the immigration officer asks ).

Good Luck.
Click to expand...

Get your point about employment verification - maybe yes.
 
Originally posted by ImmigAttyLana
And definitely have with her a copy of the I-485 receipt notice to indicate that she is an adjustment applicant but is choosing to travel on the H-4 visa.
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But not convinced why should someone who is a derivative beneficiary and also not on EAD needs to take 485 copy? It is like saying XYZ's wife is on H4 - company PQR applied for H1b visa. She decides that she will join PQR after getting her approval and after getting visa stamped. Meanwhile she decides to visit home country. One the way back - does she needs to show her H1 receipt notice at port of entry, even if she is not on H1b? Similarly you need not show your 485 notice, if they need it - they can find it from their computer.

Showing 485 notice will create confusion and immigration officer may ask for AP too. Checks on 485 and AP is very different then one on H4. No one is going to ask for 485 papers!

Anyway it won't hurt carrying one additional paper, but not a must. One more example: ABC is on H1b visa, applies for 140/485 and next morning goes to Spain on vacation with his wife - EEEEEEEEK. They never got 485 notice, lawyer did not knew where to send it to. When they land in USA, do you think someone will ask them at port of entry for a copy of 485 notice? (They maintain there respective visa status and good enough time left for both of them).
 
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I said to carry the receipt with her, not necessarily show it to the immigration officer unless and until asked. The reason for carrying this with her when she is traveling on the H-4 rather than on the AP is so that she can prove that she HAS the I-485 receipt and that therefore she has not abandoned the I-485 process by traveling abroad BEFORE receiving the receipt notice. This is something that attorneys always counsel clients on if the client needs to travel internationally but is not going to do so with the AP. The advice is to carry the I-485 receipt so that you can prove, if necessary and if asked by the immigration officer, that you did not leave the US until after getting that receipt.
 
Originally posted by ImmigAttyLana
I said to carry the receipt with her, not necessarily show it to the immigration officer unless and until asked. The reason for carrying this with her when she is traveling on the H-4 rather than on the AP is so that she can prove that she HAS the I-485 receipt and that therefore she has not abandoned the I-485 process by traveling abroad BEFORE receiving the receipt notice. This is something that attorneys always counsel clients on if the client needs to travel internationally but is not going to do so with the AP. The advice is to carry the I-485 receipt so that you can prove, if necessary and if asked by the immigration officer, that you did not leave the US until after getting that receipt.
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Sorry to have misunderstood your post. However 485 is not considered to be abandoned if you are travelling on any valid dual intent visa(H or L) and maintaining it.For example in this case if this person's wife was on F1 - yes what you are saying is right. Please correct me by specifying source(s), if you have any.

Besides if it will be considered abandoned to travel without copy of 485 notice - here are few plausible point which require your attention:
1. Service centers have sent out notice on wrong set of papers several times in the past - one of those bunch was not readable too.(search Murthy.com.)
2. They won't print out copy of 485 notice if you misplaced one.
3. Some notices have been misplaced in mail.

What options do such people have? Not to travel?

There is only one way in which your AOS (EB cases from H/L visa with no other proceedings) is considered abandoned - if you are using EAD and travelled without AP/expired AP or did not enter before it expires.

Hope it helps.
 
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As I indicated in my post, carrying the I-485 receipt notice is more of a precaution iN THE EVENT one is asked about the rest of the immigration process at the port of entry, the receipt notice can be produced to indicate that an AOS process is pending as well. Of course one may continue to travel on one of the dual intent valid visas, but if you have to produce proof that you did not leave the country until after obtaining the receipt notice for the I-485, the burden of proof is on YOU and the immigration officer can detain you until a satisfactory explanation is made.

In situations you mention, where the USCIS does not issue the receipt notice in a timely manner, or you misplace it or a myriad other possibilities, there are still ways to prove that you have submitted the I-485 application--fedex/courier receipt, cancelled checks, explanatory letter, etc. The point is that the burden of proof is on you and it is up to you to have with you the papers necessary to sustain that burden, if necessary.
 
Originally posted by ImmigAttyLana
As I indicated in my post, carrying the I-485 receipt notice is more of a precaution iN THE EVENT one is asked about the rest of the immigration process at the port of entry, the receipt notice can be produced to indicate that an AOS process is pending as well. Of course one may continue to travel on one of the dual intent valid visas, but if you have to produce proof that you did not leave the country until after obtaining the receipt notice for the I-485, the burden of proof is on YOU and the immigration officer can detain you until a satisfactory explanation is made.

In situations you mention, where the USCIS does not issue the receipt notice in a timely manner, or you misplace it or a myriad other possibilities, there are still ways to prove that you have submitted the I-485 application--fedex/courier receipt, cancelled checks, explanatory letter, etc. The point is that the burden of proof is on you and it is up to you to have with you the papers necessary to sustain that burden, if necessary.
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That is what I am trying to understand. What is to be proved? Immigration officer cannot detain a person on this basis if he/she is on H/L visa - let it be made clear. And validity of copy of notice does not exists - forget about rest of the things you mentioned. If you insist I can provide you with telephone number of a person who has got two set of notice for one set of application!

Only point that matters is that if you are on EAD or not and in that case only AP matters.

If you are claiming that you are in AOS - then you have to prove the point, not other way round.

Don't scare kids Lana. I was expecting your post in Vermont Service Center 140 thread about Fujie Ohata's memo and I promise I will not upset you whatever you predict!
 
I am not trying to scare anybody; I am merely making a suggestion which is wise in most instances and that is to carry all the relevant documentation with you when you travel internationally. You never know when you may be asked to present it and if you have it, it's less of a hassle; when you don't you are the one that suffers. Although I am sure you can find people who have had mishaps with their receipt notices, etc and there can always be an exception found to any rule, the majority of the AOS applicants DO get the receipt notice and this is not an issue. So to carry it with you is really not a big ordeal and I don't think we need to belabor this point anymore. I counsel foreign nationals all the time, and in my professional experience it is much better to be overprepared and on the conservative side than to be underprepared, and it is my job to prepare my clients to be as prepared as they can be.

As for the predictions/opinions on the Ohata memo, I have none. I make it a point not to make any predictions when it comes to USCIS policy because what is written is often not what is carried out in practice and until this is implemented and we see some concrete results, it is counterproductive (in my opinion) to offer any speculations.
 
Truely professional ImmigAttyLana. I respect your choice of not making any speculations. However I must clarify my intent - I wanted to get an insight from expert professional on the issue, as many other attorneys have already done it on net. But now it doesn't matters. It is a matter of 2 more days that is all. I guess you do not want to put in post and that is reasonable.

You maybe counselling lots of client on issue but what I am telling you is something that you have never seen at port of entry(you never seemed to have entered that line.) One of the guys who posted in this thread, apart from you and me, got his wife from India in Feb or Mar 2004.

I believe it is wise to make one aware of problems, but giving a false feeling of security is even worse. There is nothing to be proved at port of entry and if anything is to be proved, it cannot be proved by 485 receipt copy.

Do I need to say more?
 
Contrary to your statement, I have experienced what type of inquiries are made at the port of entry in those lines and that is why what I advocate is what I advocate. I also always encourage my clients to report back to me after their international travels on what type of questions experiences they had at the various ports of entry so that it makes my suggestions to future clients and their own colleagues more useful. Since I deal with clients all over the country who arrive at the various ports of entry, my suggestions and advice is based on this myriad of experiences of other foreign nationals. And I stand by my counsel because I believe on erring on the side of caution and carrying an extra document as proof, even if it is never requested, is better than not. I am not saying that this is foolproof--if there are other issues then of course just the receipt notice alone will not avoid any problems that may arise.
 
You also understand the point and so does everyone else.

Provide me with links if you have any to prove what you say - law, newspaper anything.

It will be a big news if anyone is detained in these situations/background for lack of 485 reciept (EB, H/L , 485 filed and still on H/L visa).

Do I need to say any more?
 
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Please note that my advice is based on the regulation included in 8 CFR Sec. 245.2(a)(4)(ii)(C) which reads as follows:

(C) The travel outside of the United States by an applicant for
adjustment of status who is not under exclusion, deportation, or removal
proceeding and who is in lawful H-1 or L-1 status shall not be deemed an
abandonment of the application if, upon returning to this country, the
alien remains eligible for H or L status, is coming to resume employment
with the same employer for whom he or she had previously been authorized
to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid
H or L visa (if required) and the original I-797 receipt notice for the
application for adjustment of status.
 
Interesting. Went thru the CFR - thanks for bringing it to notice.

First of all word possession is not defined for the CFR that you have mentioned. Possession does not mean immediate possession - see my third point.

Second it goes against your own suggestion to keep a copy of Notice of 485(CFR talks about original).

And thirdly how does signing G-28 affects the term possession?

Fourthly it states when it will not be deemed an abandonment of the application - but does not states when it will be deemed as abandonment of the application or that it states that not having these papers will be deemed to be so.

Hope you will address these points too.
 
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