Need Your Valuble suggesstion - Finger Print - H4 & Advance Parole.

[somethingspecia]

Dear Friends - Need your valuable input in my case.

Waiting for 140 & 485 Approvals(EB3 Substite labour - Labour PD - Jan 2002).
We have applied for 485 in August First week of 2004. My finger prints were done in September. For some reason Spouse finger print date was delayed. This week I received Finger print notice from USCIS ( No change in LUD ). Now the situation is.. She is in Inida. I am debating in pros and cons. Can you please advise.

Her H4 stamping is valid till March 14Th/2005. I do have a new H4 Approval letter till March 14 /2006 ( One year Extension ). She also have a valid advance parole ( Valid till Sept -2005 ). Our initial plan was I will go to India in May & both with come back at the same time. Cosidering current situations.. I am debating whether I should opt for Finger printing postpone Or attend for the Finger printing on the this date only.

Option1 -- Postpone the finger print date . They might give the new date some time April end or May fisrt week . Even then we may not be in a position to complete our trip . In that case can we request for second postpond. The risk is -- We don't know when they will issue the new date. It can be months or Years ??

Option2 -- Since the processing dates are very close to my RD - She will attend on the scheduled date only. Finish the process from our side. If she do so. Which option willbe better - I mean , Entering to US on H4 Status by 10th March or using advance parole

H4 Status -- Current H4 Stamping Expires March 14th 2005 / Using new H4 Approval letter ( In this case she will not have stamping on her passort for the new extension . I am working for the same company - Does the samping really matters if she enters US before March 10Th ).

Using Advance Parole -- Do you see any benefit / Risk - Using advance parole. We don't want to confuse them with H4 & Advance parole.

Need your suggestions !

Tks.

 

[H1BneedGC]

Dear Friends - Need your valuable input in my case.

Waiting for 140 & 485 Approvals(EB3 Substite labour - Labour PD - Jan 2002).
We have applied for 485 in August First week of 2004. My finger prints were done in September. For some reason Spouse finger print date was delayed. This week I received Finger print notice from USCIS ( No change in LUD ). Now the situation is.. She is in Inida. I am debating in pros and cons. Can you please advise.

Her H4 stamping is valid till March 14Th/2005. I do have a new H4 Approval letter till March 14 /2006 ( One year Extension ). She also have a valid advance parole ( Valid till Sept -2005 ). Our initial plan was I will go to India in May & both with come back at the same time. Cosidering current situations.. I am debating whether I should opt for Finger printing postpone Or attend for the Finger printing on the this date only.

Option1 -- Postpone the finger print date . They might give the new date some time April end or May fisrt week . Even then we may not be in a position to complete our trip . In that case can we request for second postpond. The risk is -- We don't know when they will issue the new date. It can be months or Years ??

Option2 -- Since the processing dates are very close to my RD - She will attend on the scheduled date only. Finish the process from our side. If she do so. Which option willbe better - I mean , Entering to US on H4 Status by 10th March or using advance parole

H4 Status -- Current H4 Stamping Expires March 14th 2005 / Using new H4 Approval letter ( In this case she will not have stamping on her passort for the new extension . I am working for the same company - Does the samping really matters if she enters US before March 10Th ).

Using Advance Parole -- Do you see any benefit / Risk - Using advance parole. We don't want to confuse them with H4 & Advance parole.

Need your suggestions !

Tks.

Try Option 1 and see if the postponement can be made according to the dates that you want (keeping in mind your India trip too...ie., getting a date after you both return from India in May). If this is possible, you can do this. Your wife can return on AP. Using AP doesn't invalidate H1/H4 visas.

If you go with Option 2, your wife can come back on H4 since her visa is still valid (at the time of POE). She can show the new approval notice and get a new I-94 valid till the expiry date of the extended H4. Its worth a try. Again, she has a valid AP as a solid backup.

There are no risks with using AP and being on H status. The POE officials are pretty familiar with this.

Make a intelligent choice.

Good Luck.

 

[somethingspecia]

Thanks

HI H1BNeedGC,

Thank you very much for your suggestion. I just contacted our attorny. Will update once I have a response.

Thanks

 

[somethingspecia]

Finger Print - H4 & Advance Parole. -- Update from Attorny

Attorny' Response -- It doesn't matter wheter she enters on H4 Or Parole.