Help: AP travel and H1B reinstate

[TheRealCanadian]

If the consular gets confused on my I94 when he want to issue H4 for my wife, wouldn't it be the same if he wants to stamp my H1B? wouldn't he ask you are Parole , why do you think you are on H1B? Aren't these two the same situations?

No, because when you're standing before the consular officer, you are not in the US, and you are therefore not a parolee. You are seeking new admission in H-1, based on the petition you have.

I am unsure about the logistics of Iranian citizens and the security checks you need.

 

[perm_lc]

You can enjoy the luxury of duel status in USA; However it is tricky in abroad. As realcanadian said, if you go h1b stamping along with your wife for h4; then the problem is easy and simple.

You can try different options here, including filing I-539; but it has issues as discussed above.

The other option is ask your wife to apply h4 (without you leaving US & going to consulate)with supporing documents like your current H1B approval notice, H1b visa, copy of passport, your recent pay stub, and importantly a letter form your employer confinrming that your non-immigrant status and indicating your current employment is based on h1b. Send/show your latest I-94, only if they ask, and be ready to provide suitable answers and able to show the duel intent memo. They may grant H4 for her based on these documents.

Any way consult a good attorney.

 

[TroySJ]

Hi Perm_lc and Real-Canadian,

Thank you very much for your comments, I think it has enlightened me a lot.

Going on H1B and getting it stamped seems to be difficult for me as they are not going to stamp it immediately, I need to wait till the security clearance comes.

The I-539, aprt from the problems that you mentioned has another problem which it has a processing time of 4 months ago in CA (I assume as I am in CA I will apply in CA), which by then I might have received my GC.

I think I have to go by the final plan as you mentioned, One question here is, Do you think If I should be there in the consulate with my wife or my presence would be more confusing and meaningless?

Another question is, At which point my wife can ot enter the states using H4 (assuming grantes) when I received the card production Email or what? when is my deadline?

What would be my backup plans if things go wrond?

Thank you very much for all your help,

Many thanks,

Troy

You can enjoy the luxury of duel status in USA; However it is tricky in abroad. As realcanadian said, if you go h1b stamping along with your wife for h4; then the problem is easy and simple.

You can try different options here, including filing I-539; but it has issues as discussed above.

The other option is ask your wife to apply h4 (without you leaving US & going to consulate)with supporing documents like your current H1B approval notice, H1b visa, copy of passport, your recent pay stub, and importantly a letter form your employer confinrming that your non-immigrant status and indicating your current employment is based on h1b. Send/show your latest I-94, only if they ask, and be ready to provide suitable answers and able to show the duel intent memo. They may grant H4 for her based on these documents.

Any way consult a good attorney.

 

[TroySJ]

Hi RealCanadian, perm_lc and Ginnu,

It seems that bringing my wife on H4 has lots of problems and issues, so far unsolvable.

What would be my option on consular processing, I do not know anything about consular processing. Can you point me to some information on how to start it and what are the time lines?

MOST IMPORTANT Question is: Is there any timeline that If my Green card comes (like before form I130 or something) it will terminate her processing and she can not come to the states at all.

Can you shed some light on it?

Many thanks,

Troy

 

[perm_lc]

Hi RealCanadian, perm_lc and Ginnu,

It seems that bringing my wife on H4 has lots of problems and issues, so far unsolvable.
--It is possible. The trick is to convey the consular officer that you are still maintaining H1 status after entering in AP a per memo. If they convinced that you are maintaining dual status, the issue is simple. You can try, nothing wrong in it.

MOST IMPORTANT Question is: Is there any timeline that If my Green card comes (like before form I130 or something) it will terminate her processing and she can not come to the states at all.
--If you married your wife before the approval of your 485, your wife can come to US thro Consular Processing as a "follow to join" spouse. She still comes in employment based catagory; not in family based catagory which is very bad. So you do not need to sponser any FB immigration petition(I-130) This is good thing. So, dont worry if she cant make it in H4. She can easily come to US after your 485 approval also. But I do not know the procedure.

Anyway better to consult good immigration attorney before finalizing your steps. Good luck.

Can you shed some light on it?

Many thanks,

Troy

;

 

[sri0202]

My case is also similar to you guys. I entered with AP. My wife left country before her AP is approved.she can not use her AP to renter. So I had to go for stamping in Mexico and I entered with new I-94 with H1 status.

Murthy suggested me to go for stamping. and In Inida consular officer checks your I-94 status. Even If you are holding valid petetion they check your status on the I-94. if they find status as Parole then they might not Issue H4 visa.

 

[ginnu]

Hi RealCanadian, perm_lc and Ginnu,

It seems that bringing my wife on H4 has lots of problems and issues, so far unsolvable.

What would be my option on consular processing, I do not know anything about consular processing. Can you point me to some information on how to start it and what are the time lines?
----- you are from Iran and we dont know where you have to go for H1 or H4 visa stamp. post the name of US embassy or US consulate. you go to Baghdad or Dubai?

Many thanks,

Troy

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[TroySJ]

Hi Guys,

Thank yoyu very much for your information,

I am in Iran, and the cosulate that I could attend are: Ankara in turkey, Nicosia in Cyprus, or Dubai in UAE. Dubai would be more favourable beucase of its proximity to Tehran.

I thought about another solution that may work, Do you guys think if there is anything wrong with this:

If I fly back and apply for H1B and my wife apply for H4 at the same time in Dubai, They do not issue the Visa instatly, yet they need to wait for security clearance. In that time I come back to the states on AP, and then again after our security clearances are cleared and visa are ready there will be two options

1. She can get her H4 and come to the states without me having the H1B
2. I can fly back and stamp both H1B on my pass and her H4 on hers

Do you guys think if this will work? I just want to make sure that doing this do not negate my AOS?

Many thanks,

Troy

 

[mmed]

Hi Guys,

Thank yoyu very much for your information,

I am in Iran, and the cosulate that I could attend are: Ankara in turkey, Nicosia in Cyprus, or Dubai in UAE. Dubai would be more favourable beucase of its proximity to Tehran.

I thought about another solution that may work, Do you guys think if there is anything wrong with this:

If I fly back and apply for H1B and my wife apply for H4 at the same time in Dubai, They do not issue the Visa instatly, yet they need to wait for security clearance. In that time I come back to the states on AP, and then again after our security clearances are cleared and visa are ready there will be two options

1. She can get her H4 and come to the states without me having the H1B
2. I can fly back and stamp both H1B on my pass and her H4 on hers

Do you guys think if this will work? I just want to make sure that doing this do not negate my AOS?

Many thanks,

Troy

I do not understand why people make it hard for themselves when the USCIS try to make it easy sometimes. The AP is a very nice, easy piece of document you can use to be re-admitted to the States with NO effect at all on your H status. You will stay H, you can extend H, and save you long wait line to get H stamp, beside many other benefits. And what is better of H4 who stay home, can not work, no eligibility for social security number, ......... compared to an EAD with almost no drawbacks especially for H4?. If you have valid AP, you do not need H stamp from any where, if you have EAD, just use it to work and get rid of the H visa hassle and apply for EAD renewal 120 days in advance (I personally did that). Some people say the H is more safe in case the I485 gets denied, who told you that the H is immune from revocation or denial too

 

[immi_mygc]

I do not understand why people make it hard for themselves when the USCIS try to make it easy sometimes. The AP is a very nice, easy piece of document you can use to be re-admitted to the States with NO effect at all on your H status. You will stay H, you can extend H, and save you long wait line to get H stamp, beside many other benefits. And what is better of H4 who stay home, can not work, no eligibility for social security number, ......... compared to an EAD with almost no drawbacks especially for H4?. If you have valid AP, you do not need H stamp from any where, if you have EAD, just use it to work and get rid of the H visa hassle and apply for EAD renewal 120 days in advance (I personally did that). Some people say the H is more safe in case the I485 gets denied, who told you that the H is immune from revocation or denial too

Oh Man ! Pls see all TroySJ previous posting. Finally he got some solution and your post will add him again some confusion... Any way good luck and all the best to TroySJ.

 

[TheRealCanadian]

I do not understand why people make it hard for themselves when the USCIS try to make it easy sometimes. The AP is a very nice, easy piece of document you can use to be re-admitted to the States with NO effect at all on your H status.

Here's the problem.

His wife is not eligible for AP, since she does not have a pending I-485. She cannot get a pending I-485 unless she enters the US in valid non-immigrant status, which means that she needs to get the H-4 stamp. She is unlikely to get the H-4 stamp unless he is in H-1 status.

Makes sense now?

 

[ginnu]

Hi Guys,

Thank yoyu very much for your information,

I am in Iran, and the cosulate that I could attend are: Ankara in turkey, Nicosia in Cyprus, or Dubai in UAE. Dubai would be more favourable beucase of its proximity to Tehran.

I thought about another solution that may work, Do you guys think if there is anything wrong with this:

If I fly back and apply for H1B and my wife apply for H4 at the same time in Dubai, They do not issue the Visa instatly, yet they need to wait for security clearance. In that time I come back to the states on AP, and then again after our security clearances are cleared and visa are ready there will be two options

1. She can get her H4 and come to the states without me having the H1B
2. I can fly back and stamp both H1B on my pass and her H4 on hers

Do you guys think if this will work?
----------it may work. just go to US consulate Dubai site and find the info how much time they take for security clearances and for H4 or H1 visa stamping.
http://dubai.usconsulate.gov./apply_for_a_visa/

****According to US consulate Dubai Citizen of IRAN wait of 2 months for Visa and one can apply online. Go to above site.

I just want to make sure that doing this do not negate my AOS?

Many thanks,

Troy

-------------

 

[mmed]

Here's the problem.

His wife is not eligible for AP, since she does not have a pending I-485. She cannot get a pending I-485 unless she enters the US in valid non-immigrant status, which means that she needs to get the H-4 stamp. She is unlikely to get the H-4 stamp unless he is in H-1 status.

Makes sense now?

I apologize! I did not read much in this long thread. I think the OP is one of those thousands with valid APs and still insist to go to stamp their H visas overseas to the extent that they travel solely to stamp their passports despite they have valid AP