AP issue, Need Urgent help.....

S

Subrat1

New Member
I Need some urgent from the gurus here...

On 02/28/02 I applied for I-485,Advance Parole & EAD for my self and my wife both. However my wife's advance parole never came, it went to my old address and never got forwarded.

In the mean time, I changed my company on 03/27/02 and my new company applied for new visas for both of us, and the approval is still pending.


We both traveled to India during June , I came back alone and at the port of entry, I had to stamp my AP because of my change in the job.(My old company H1 and my wife's H4 is valid till Feb'2003)


Now the big question is, can my wife enter the country with her H4 which is valid till Feb'2003, or she need to have the AP because I used my AP to enter the country??
Is my wife's H4 tied to the particular company I work for, or it is independent of which ever company I work, as long as she has a valid H4.

What are my options now ? Would really appeciate your reply.


Thanks & Regards,
Subrat
 
*** You should talk to a lawyer right away ***

In my openion, since you are no longer in H1 status (you used AP...), your wife can not be in H4 status. Therefore, can not enter using H4 visa stamp.
Regarding AP : INS clearly says that AP MUST be obtained prior to leaving US (check ins.gov). Only way I see is to get AP approval (which was previously returned to INS) back from INS (somehow).

Just a general comment, all these problems can be avoided just by keeping ourselves little more informed about immigration laws.
 
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As per my understanding, AP is just a travel document. Using of Advance Parole shouldn't change your Visa Status.

Any comments ?
 
Options

1. If you are sure that the h1 transfer (and h4) was applied before the previous h1 expiry or your travelling in AP, then your wife can enter using old h4 and show new h4 receipt or proof of filing to enter US. AC21 provides you this facility. Mere use of AP does not mean you cannot go back to underlying H visa. You need your lawyer to agree on this point and your spouse should be ready to articulate (A) how she needs I94 that reflects new employer and
.if and only if asked (B) why she is not using AP

2. you can apply for her AP again. In most service centers it takes about 30 -60 days for you to receive the AP. Then she can enter using AP.
I would suggest that you file for AP now and at the time of her travel if AP approval has not come , use h4 to enter US.
 
AP not affecting H1

I beleive sometime in 2001, INS has changed the rule so an H1 Visa holder can travel using AP and still be on H1. As long as you are working on H1, your wife's H4 is valid and is not tied to company.

you can travel on AP and still work on H1. My friend is doing so after his Lawyers consent.


This is just a opinion !!

:cool:
 
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