Advance Parole vs H4

H

h1Cycle

Registered Users (C)
Hi All

One more question. My wife and I had to go to India for a family emergency. I came back and used my Advance Parole ( as mentioned in a different thread). However, my wife is still in India and plans to stay there for a while. Since we had to take an emergency advance parole, which expires on May 10,2003, my question is that can my wife apply for H4 visa.

She has a valid H4 but the stamp expired sometime last year. Now does anyone foresee any issues with my wife maintaining H4 status and I being on the Parolee status.

Also since she also applied for Emergency Advance Parole before leaving United States, will it be ok to come back on H4( provided it is approved)

Will appreciate your feedback.

thanks
 
For applying for H4 visa she should have a husband who has valid H1-B visa. It seems from previous tread you are not H1-B anymore.

By the way how long is valid emergency AP?
 
To Tasse

My understanding about the law as explained to me by my lawyer is that one does not loose his H1 status if entering on AP. I still have a valid H1 and I have never used EAD.
 
You wrote

Originally posted by h1Cycle I had to go to my home country due to a family emergency. Since my previous H1 stamp had expired, I took an emergency advance parole before leaving United States.
Click to expand...

Do you mean you have another H1-B approval but have no H1 stamp for this approval?

Did you leave US using AP?

Check this http://www.immihelp.com/gc/aos/eadap_h1.html

"getting an AP and using an AP are two entirely different things. Using an AP means going out of US and showing AP to enter the US as a parolee instead of showing the visa to enter the US as a non-immigrant. As parolee can't work in US, he/she should get EAD before traveling on AP. Receiving AP is just addition of one more document in your file"

I'm not sure that you are in H1B status now
 
One more http://www.usvisanews.com/memo1536.html

"If a person has a valid H-1B, a valid EAD card, and a valid advanced parole travel document but they do not use their EAD card to work for a second company, their status upon re-entry depends on which document they present when they arrive back to the United States. If they present the advanced parole and the officer stamps the I-94 card as an "adjustee" or "parolee," then they are no longer in H-1B status. If the person presents the H-1B visa stamp and the officer stamps the I-94 card with the H-1B designation, they will remain in H-1B status"
 
Tasse I found a different answer

Q: I was a H-1B holder, and used my Advance Parole to reenter the U.S. Do I lose my H-1B status and become I-485 pending?
A: If you resumes your employment with the same employer for whom you had previously been authorized to work as an H-1 nonimmigrant without using your EAD, you can still keep your H-1B status. Furthermore you can still apply for an extension of H-1B status. However, if after being paroled in, you change employer that sponsored your original H-1B status or work for your current employer with your EAD, you no longer have a valid H-1B nonimmigrant status, even though you can still lawfully stay in the U.S. during the I-485 pending period.



http://www.hooyou.com/advanceparole/faq.html
 
h1Cycle, do you have valid H1-B stamp

h1Cycle, do you have a valid H1-B stamp in your passport? If you do have a valid H1-B stamp, then why did you enter using AP?

To my understanding, ur wife can get H4 visa stamp only when you have valid H1-B visa stamp in your passport. Otherwise, she cannot get H4 stamp.

I think if you enter in the US using AP, it means that your H1-B has been forfieted. I'm not sure about prevailing the H1-B even after entering the US using AP, because it looks like some amendement has been made to the original law. I really don't understand how one can work using H1-B (non-immigrant visa) while being entered into the US as "parolee" or "adjustee"?

If you want to take a chance, ask your wife to send her passport to US consulate there and see whether she can get H4 stamp or not? If she cannot get H4 stamp, then she has no other option, except to come back to the US before her AP expires!!
 
I have the same Qs but differnt situation

Hi guys,

I have a similar situation ....

I went to india last year while my H1 expired during my stay in india. I used AP to enter US and I entered as Parolee with I94 expiry of Dec 03. Now I dont know what my status is as I am working with same empolyer ..

Secondly now I am getting laid off and I have another offer of a company which can hire me. They are ok to take me either on H1 or EAD. I ideally want to be on H1 status as I am single and would like to bring my spouse. My Question is:

1. Whats my current staus ? H1 or EAD
2. Can I transfer my H1 to another employer ?

I would appreciate your responses

Thanks
 
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