AP and H4 visa issue

xrajeshx

Registered Users (C)
Hi ,

I don't have valid H1B visa stamped in my passport even though I have valid H1B petition until OCT’2004, My stamped visa in passport was expired in Jul’2003 and I have sent it for revalidation to ST .Louis, But Now days it taking 3+ months to get the stamping , In case if I am unable to get visa stamp Can i use Advanced Parole to enter into the country.

I am getting married in Dec,Once I get married I am going to apply her h4 dependent visa at Chennai consulate, India and I am planning to use my Advance Parole to renter into country.

Basically at the Port of Entry (P. O .E) she will show her H4 to enter into the country and I will show my AP to enter into the country.

Can I do that or do I need to obtain visa stamp in the passport?

Any suggestions ?

Thanks
Raj
 
Originally posted by xrajeshx
Basically at the Port of Entry (P. O .E) she will show her H4 to enter into the country and I will show my AP to enter into the country.

You have a problem. The condition of your wife's entrance in H-4 status is that she be the wife of an H-1 holder. But you're not in H-1 status, you're a parolee!

Get the H-1, either through STL or via a consular interview in your home country, if you want to bring in the wife.
 
Just get the H1 stamped here or in home country. Do not create unnecessory problems for your self. You should not be using loop holes in the system when you have direct way. Two of my friends got their H1 revalidation in India. They said they did not have any problem. They got passport back within 10 days. Better to get H1 stamped and bring your wife.
 
Thanks for quick reponse

I am planning to travel to India by Lufthansa airlines via Frankfurt
I enquired with German Embassy here; they said that I need to obtain Airport Transits visa in order to change the planes at Frankfurt even the stop over is like 2 hours since I don't have valid H1B visa stamp in my passport. I also asked them
can I show AP they said YES.

Now my question is

Can i just show the Advanced Parole while going to India and while coming back Can i just show my visa stamp in passport, because i am planning to get my H1B visa stamping in India before I return to US, does it create any problems at POE in US because I Showed my AP at FRANKFURT instead of Transits visa and trying to enter on H1B into the country (USA)?

Thanks
Raj
 
Originally posted by xrajeshx
does it create any problems at POE in US because I Showed my AP at FRANKFURT instead of Transits visa and trying to enter on H1B into the country (USA)?

BCBP couldn't care less what you showed the Germans to make them happy.
 
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