Advance Parole or H1 Visa stamp? tricky situation Please help

[baby_mde]

Advance Parole or H1 Visa stamp? tricky situation Please help

Advance Parole or H1 Visa stamp? tricky situation Please help

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

 

[Triple Citizen]

Did your lawyer clarify why he/she reckons that it is better for you to get an H-1B visa than use your AP? If all three of you have pending I-485s and have APs, I don't see a need for H-1B/H4 visas. The only benefit would be in the worst case scenario of the I-485s being denied. In that case, you will still have legal status if your last entry was on H-1Bs/H4s.