advance parole and getting married

S

sbagali

New Member
This post is for a colleague of mine.

He had applied for 485 and 140 at the same time. 140 is approved.

His H1B visa expiration date is until 2004. He just received his EAD and advance parole approval documents.

Since his 485 is still pending, can he go to his country and get married and bring his wife? What visa should he apply for her?

He has not applied for consular processing.

Thanks vety much!
Sid Bagali
 
Use H1

Ask your friend to apply for H4 for his wife based on his H1 and
use the same to re-enter US. (Not AP). I don't know if he can still
use H1 if he is using EAD to work.If not, I am sure he can use his
H1.

Good Luck
Sept13
 
Now the Advance Parole and H1 both can be used to re-enter US. Then is there any issue with not using the Advance Parole and using the H1 to renter US? If he uses Advance Parole...will it make it difficult for his wife to get H4 approved?

Thanks,
 
Using AP means losing H1 status

According to www.immihelp.com if he uses AP his wife cannot join
him on H4.
Go to www.immihelp.com and click on Adjustment of Status(I-485)
In that page you will see a link EAD/AP vs H1. Click on that link
and you will get the answers.

Sept13
 
If your friend has not used EAD/AP, he is still on H1 and his wife can apply for a H4 at the consulate. Once here, she can be added to the I-485 process. This is the best way to do so.

Merely having an EAD or AP doesn't invalidate H1 status. H1 status is invalidated when you use EAD for employment or use AP for travel.

He should be fine.
 
It is possible to re-instate you H1B even after you used AP to reenter USA.

Simply apply for H1 if your current H1 is not valid.

You can then bring your spouse using H4 even though you have used EAD / AP.
 
You must log in or register to reply here.
Top