AP and H1-B

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kae_jolie

Registered Users (C)
having AP and H1-B and applying for H4 for wife

I called the US embassy to schedule an appointment for
my wife to get an H-4. They told me since my H1-B is fairly recent that I
should schedule an appointment to get my passport stamped, as well. I didn't tell them that I have AP and don't need a visa, though. My question
is: When my wife goes to get her visa stamped can she show them a copy of my AP if they ask her to see a copy of my visa? Would this be an issue if they discover that I have both AP and H1-B? I believe that being on H1-B one can have dual intention and that means it's ok to travel on either AP or H1-B. Please share with me your thoughts and experiences on this matter.

Thank you.
 
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you misunderstood me....my wife will still have a copy of my I-797 (H1-B approval notice), however, I don't have an H1-B visa stamped on my passport and the embassy might assume I need one since I received the H1-B renewal fairly recently. However, I don't need to get a visa, since I also have AP. So, if they ask my wife to see a copy of my visa, could she tell them he doesn't need one and show them my AP?

Thanks
 
What if consulate asked how you will enter the US ? You use AP, and then your status(well, it's not status in strict sense) will be parolee.
It is true that even though one used AP, one can keep working under valid H1 petition, however, status is not supposed to be H1. you are a parolee. So, then question is whether it is OK that primary is parolee, and wife will be H4.
That is deep in gray area and I guess it won't be clear til you try.
 
GotPR,
You raise some good points. The question is: Is there such a status called "parolee". I just renewed my H1-B for another 3 years because I have an approved I-140. And before I applied for H1-B extenstion, I had approved EAD, AP, but these are nothing a temp work permit and a temp travel document. I am sure when I applied for H1-B, they were aware I had AP and EAD, and they still issued it. I don't know...it's another gray area of the many I have faced in this long and intimidating process.
 
USCIS issued memo saying H1 holder who entered the US with AP still can extend H1, but as far as I know, CIS has never said the one entered the US with AP is still on H1 status. That is the key for your case.

According to some post quoting lawyer's comment, entering with AP makes one to be paroled(whcih means s/he will come under authorized stay by Attorney General. In strict sense, it is not considered so called "status"),
however, they can "reinstate" H1 status by filing H1 extension.
#25 of this link is some comment from lawyer that somebody consulted with.
http://www.immigrationportal.com/showthread.php?t=219213


Here is USCIS memo regarding H1 holder entering with AP.
http://www.shusterman.com/cronin51600.html

you may be better ask some lawyer's advice.
 
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GotPR? said:
USCIS issued memo saying H1 holder who entered the US with AP still can extend H1, but as far as I know, CIS has never said the one entered the US with AP is still on H1 status. That is the key for your case.

According to some post quoting lawyer's comment, entering with AP makes one to be paroled(whcih means s/he will come under authorized stay by Attorney General. In strict sense, it is not considered so called "status"),
however, they can "reinstate" H1 status by filing H1 extension.
#25 of this link is some comment from lawyer that somebody consulted with.
http://www.immigrationportal.com/showthread.php?t=219213


Here is USCIS memo regarding H1 holder entering with AP.
http://www.shusterman.com/cronin51600.html

you may be better ask some lawyer's advice.
Click to expand...
One of my friend went to India and got married. WHile returning he has used his Parole. He still was extening his H1. His wife denied H4 visa because he has used Parole and he is no more on H1 status. After investigation he has decided and scheduled his H1 visa appoint. and first got his H1 stampped and next his wife went and he has conviced that now he has H1 stampped and they got H4 visa.
 
my wife got the H-4 visa stamp on her passport, Thank God. We will be both traveling to the US in few days. I will be entering with Advance Parole and she will be entering with her H-4 visa. Are there any issues that we expect to run into?

Thank you
 
kae_jolie said:
my wife got the H-4 visa stamp on her passport, Thank God. We will be both traveling to the US in few days. I will be entering with Advance Parole and she will be entering with her H-4 visa. Are there any issues that we expect to run into?

Thank you
Click to expand...
I still see potential issue that is not resolved. I personally think it is a great risk that primary and dependent have totally different status when entering the US.

http://www.immigrationportal.com/showthread.php?t=179790&highlight=AP+H4
 
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