marriage while I-485 is pending? Please help..

R

Reza-EB2 NIW

Registered Users (C)
Folks,
Currently I am on H1-B status (I don't have H1 visa in my passport), and have a pending I-485 adjustment of status application.
I am going to marry very soon and will use my Advance Parole when I come back to U.S. After I come back, my wife will go to an US Embassy to apply for H4 visa. My concern is that when she applies for H4 visa, then the officer may question her marriage date and condition. If she says that she has married me when I used my AP for traveling, then the officer may reject her because he may assume that I am no longer considered to be H1 status and more likely a permanenet residence.
Has any one been in the similar situation? Please help me if you know any info.

Thanks,
Reza EB2-NIW
 
Reza-EB2 NIW said:
My concern is that when she applies for H4 visa, then the officer may question her marriage date and condition. If she says that she has married me when I used my AP for traveling, then the officer may reject her because he may assume that I am no longer considered to be H1 status and more likely a permanent residence.
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The marriage date and condition is less likely to be questioned, but your status will. If your wife cannot prove that your an H-1 status with a recent I-94, then she will likely have problems. The consular officer doesn't need to make assumptions about your permanent resident or parolee status; they only care if you are in H-1 status or not.
 
Reza-EB2 NIW
I was in same situation couple of months ago and my wife got H4 without any issue.
 
Thanks guys for the info.
CAUSA, when you entered as Advance Parole, did you loose your H1 status or not? Some people say yes, but some people say that as long as you work for the same employer, you are still considered to be H1 status. Have you started using your EAD?
Can you explain more about your case? This info is very valuable for me.

Thanks,
Reza
 
You don't loose your H1B status if you enter on AP. You enter in USA on AP and you work on your H1B.I would recommend that don't use your EAD card unless you want to use for good reason.
Let's say they deny your I-485 for any stupid reason. At that point they normally cancel EAD. If you don't use your EAD at first point you will still have H1B status to work.
 
CAUSA said:
You don't loose your H1B status if you enter on AP. You enter in USA on AP and you work on your H1B.I would recommend that don't use your EAD card unless you want to use for good reason.
Let's say they deny your I-485 for any stupid reason. At that point they normally cancel EAD. If you don't use your EAD at first point you will still have H1B status to work.
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Your status in US is based on your I-94. It is true that you can still work for the same employer but your I-94 states Parolee.

If you find any credible suggestion, Pleae post here as I am also in the same situation and don't want to risk going back to my country and get married.
 
Folks,
Based my experience I have found that using AP does not violate H1 status even if you change your employer. I used my AP two times during the past few months and at the same time I work for company A based on original H1 application. So I didn't use my EAD at company A. Recently I moved to company B and I asked them to file for my H1 transfer. They did the same and my H1 application got approved again. So I am not using my EAD for company B too.
I know there are many controversies about the EAD/AP/H1, but at least this is what I learned from this process.

Best to all of you,
Reza
 
Reza-EB2 NIW said:
Folks,
Based my experience I have found that using AP does not violate H1 status even if you change your employer. I used my AP two times during the past few months and at the same time I work for company A based on original H1 application. So I didn't use my EAD at company A. Recently I moved to company B and I asked them to file for my H1 transfer. They did the same and my H1 application got approved again. So I am not using my EAD for company B too.
I know there are many controversies about the EAD/AP/H1, but at least this is what I learned from this process.

Best to all of you,
Reza
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Thanks for posting back Reza-EB2NIW. I always thought using AP to enter changes your status from H1 to "Parolee" status. Based on your experience,I guess it is safe to use AP to enter/leave US without changing H1 status and having headache of Visa Stamping.


On similar lines,any experiences of entering US on valid visa with old Company-meaning you changed to Company B from Company A,and have Valid Visa stamped for Company A and approval notice of H1 transfer of Company B-since you dont have Visa Stamp with Company B's name on it-does it cause a problem when re-entering US?
 
No problem at all. I don't have any H1 visa in my passport. The only visa that I have is the F1 visa that issued 5 years ago and expired long time ago. So I only changed my status to H1.

RSY
 
But I think you are missing the point here. Even with using AP for coming back in this country and with not having valid visa H1 visa stamp in the passport, would your newly spouse get a valid H4 stamp in passport based on your H1 approval notice at the US embassy in any other country?
 
gc_processing said:
Even with using AP for coming back in this country and with not having valid visa H1 visa stamp in the passport, would your newly spouse get a valid H4 stamp in passport based on your H1 approval notice at the US embassy in any other country?
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It depends if the consular officer wants to see an I-94 or not. If they do, then she may have problems.
 
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