Advance Parole or H1 Visa stamp? tricky situation Please help

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baby_mde

Registered Users (C)
Hi Everyone,

Last time my wife entered into US with H4 Visa, then she got job and have valid H1 Visa (Her passport has expired H4 Visa stamp). Now our GC process under processing, 140 is approved and 485 is pending since last 2 years. My wife is a Primary applicant. We are all have Advance Parole, which is valid until Nov 2007. I am working on EAD, which is obtained from my wife GC process. We have son and he is on H4.

We want to visit our parents and her company attorney said, it is better if we use H1 Visa Stamp instead of Advance Parole to enter into US. In that case we have to go to Indian Consulate to get Visa stamp in the Passport. I have following questions.


1. After attending interview how much time does it take to get Visa Stamp in
the Passport?

2. What are the documents needded for Visa stamping?

3. My wife is working as a Pharmacist in United States. Does she need to go
through secure clearance to have Visa Stamp in the Passport?

4. At the same time can her son get H4 Visa Stamp?

5. I am on EAD; Can I get H4 Visa Stamp just like our son?

6. If I do not get H4 stamp, can I use Advance Parole to enter into US? At
the same time can my wife and son use H1/H4 Visa Stamp to enter into
US?

Please share your thoughts
 
H1/H4 and EAD/AP

1. After attending interview how much time does it take to get Visa Stamp in
the Passport?
We were in same situation, we got the passports in 2 days after the VISA interview. Mine was 3 year H1B extension after 6 year period.

2. What are the documents needded for Visa stamping?
I referred immehelp.com for documentation

3. My wife is working as a Pharmacist in United States. Does she need to go
through secure clearance to have Visa Stamp in the Passport?

4. At the same time can her son get H4 Visa Stamp?
yes, alongwith me i got my son's passport stamped with H4

5. I am on EAD; Can I get H4 Visa Stamp just like our son?
As far as i know if you are on EAD, you can not enter through H4, pl verify with your lawer

6. If I do not get H4 stamp, can I use Advance Parole to enter into US? At
the same time can my wife and son use H1/H4 Visa Stamp to enter into
US?
check with your lawer
 
you should use AP to re-enter....that way you wil be in AOS status.....and you can continue using EAD to work...

your wife will have to go for H1 stamping if her company attorney wants it....

your son may also re-enter using AP

in my case me and my spouse used AP to travel........and i will be applying for H1 transfer very soon...

but i preferred that my spouse (primary candidate) better use AP to travel because we did not want to take the risk of her H1 visa stamping getting delayed/denied
 
techy2468 said:
you should use AP to re-enter....that way you wil be in AOS status.....and you can continue using EAD to work...

your wife will have to go for H1 stamping if her company attorney wants it....

your son may also re-enter using AP

in my case me and my spouse used AP to travel........and i will be applying for H1 transfer very soon...

but i preferred that my spouse (primary candidate) better use AP to travel because we did not want to take the risk of her H1 visa stamping getting delayed/denied
Click to expand...
Techy,

Becuase we have Advace Parole, can primary applicant and dependedts still use Advance Parole to enter into US after getting denied of H1 Visa at the consulate??

Please share your thoughts??
 
baby_mde said:
Techy,

Becuase we have Advace Parole, can primary applicant and dependedts still use Advance Parole to enter into US after getting denied of H1 Visa at the consulate??

Please share your thoughts??
Click to expand...
yes that is my understanding.....that you can re-enter with AP..

but this is also a grey area..........because sometimes when H1 is delayed/denied......it is usually because of some security check or something.....or some valid reason........i am not sure what kind of action they take (can our 485 be cancelled....since they found something wrong....etc...)

if you do not mind can you tell me your PD and category...

my spouse is EB1-india.....and i preferred not to take the chance of H1 stamping....( her university wants her to use EAD after travelling on AP.)

but in my case i want to continue H1 status....just in case our 485 gets denied.....
 
techy2468 said:
yes that is my understanding.....that you can re-enter with AP..

but this is also a grey area..........because sometimes when H1 is delayed/denied......it is usually because of some security check or something.....or some valid reason........i am not sure what kind of action they take (can our 485 be cancelled....since they found something wrong....etc...)

if you do not mind can you tell me your PD and category...

my spouse is EB1-india.....and i preferred not to take the chance of H1 stamping....( her university wants her to use EAD after travelling on AP.)

but in my case i want to continue H1 status....just in case our 485 gets denied.....
Click to expand...

PD is June 2004 and EB2
 
chances of H1 stamping being denied are very less if you have proper employer documentation....

chances of 485 denial is also very rare unless bad health or character...

maintaining H1 status even with EAD is only to keep backup in case 485 gets denied....


in my case we had few more variables in the equation.....and it became almost impossible to go for stamping because of us consulate closed for holidays.....
 
techy2468 said:
chances of H1 stamping being denied are very less if you have proper employer documentation....

chances of 485 denial is also very rare unless bad health or character...

maintaining H1 status even with EAD is only to keep backup in case 485 gets denied....


in my case we had few more variables in the equation.....and it became almost impossible to go for stamping because of us consulate closed for holidays.....
Click to expand...

Sorry, I misspelled. This is the right one. PD is June 2004 and EB3
 
using AP, EAD...

I understand clearly that using EAD voids the H1/H4/whatever status you were actually in. You must use AP only to get into USA. Using AP doesn't void your visa status. Obtaining EAD doesn't void your status unless you use it. Please read this for detailed info.

http://www.shusterman.com/hlmemo500.html

GCcracker
 
gccracker said:
I understand clearly that using EAD voids the H1/H4/whatever status you were actually in. You must use AP only to get into USA. Using AP doesn't void your visa status. Obtaining EAD doesn't void your status unless you use it. Please read this for detailed info.

http://www.shusterman.com/hlmemo500.html

GCcracker
Click to expand...
We clearly know that using EAD does invalidate H1 status. When use AP he/she will be put into parole status and he/she is not in H1 status. It does not mean that his/her H1 is invalid. He/she can still work without EAD for the same employer after using AP as long as he/she has valid H1. By using H1 extention he/she can reinstate H1 status.

Between Parole and reinstaing H1 status, if 485 gets denied he/she might be out of status.


My question is:
Can she/he apply H1 extention immidiatly aftre using Advance Parole, even the current H1B is valid for 1 more year (Please note that the H1 extention just to change status from Parole to H1 status)??
 
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