advance parole & H4 visa

[programmer76]

I’ve two basic questions. I will be thankful if someone can answer it.

(1)If a person goes to India on advance parole then is there any limit on number of days peron can stay in India? My wife still needs to finish her final year and she will have to be in India for one year. Can she stay in India for around 10 months to complete her studies and be back using the advance parole before it expires?
(2)Another option is to get her H4 visa. I am still maintaining my H1 status. If she goes to consulate for H4 visa and if by any chance her visa is rejected then will she be able to come inside USA using advance parole? Or when they cancel the visa they would cancel the advance parole as well? Did anyone pass through this kind of situation when he/she entered USA on advance parole even after H4 visa was rejected?

 

[ginnu]

I’ve two basic questions. I will be thankful if someone can answer it.

(1)If a person goes to India on advance parole then is there any limit on number of days peron can stay in India?
--person should apply AP while he/she is IN US and shold have AP approved in hand before departing US. one should be back to US BEFORE the AP expires, no limit of 6 months or 10 months be back before AP expires
My wife still needs to finish her final year and she will have to be in India for one year. Can she stay in India for around 10 months to complete her studies and be back using the advance parole before it expires?
---- she cant stay 1 year as AP is valid for 1 year from the date they approve it, yes she can stay 10 months and shold be back before AP expires

(2)Another option is to get her H4 visa. I am still maintaining my H1 status.
************* getting her H4 visa is the best option.
If she goes to consulate for H4 visa and if by any chance her visa is rejected then will she be able to come inside USA using advance parole?
---yes. and it depends on reasons why H4 got rejected, she can apply again H4 visa with the correct documents or can use AP if AP is still valid
Or when they cancel the visa they would cancel the advance parole as well?
--- consulate will not cancell the AP ( why she is going to inform consulate that she has AP????)
Did anyone pass through this kind of situation when he/she entered USA on advance parole even after H4 visa was rejected?

 

[Robert8]

Hi, Ginu:

It is said in the forum mentioned that if some one entered with F1 and transferred to H1, also have AP, HE/SHE need to request a H1 visa to reenter after leaving the US. http://boards.immigrationportal.com/showthread.php?t=155206

WOULD YOU PLEASE COMMENT ON THIS.

THANKS A LOT.