AP obtained, Currently on H1 extension, Will it be a problem to get H4 stamping for Spouse if I have

G

ganga9

Registered Users (C)
HI Folks,
I request your help!!!!!

I received my AP papers and the copy of the H1B approval notice (Valid till --/--). Can you please let me know if there is going to be any problem getting H4 visa for spouse without H1 stamping on my passport?

My plan is to NOT get the ST.Louis Dept of State stamping for Visa based on H1. I am going to India during May wih EAD/AP papers, get married and get H4 stamping for Spouse at the US Consulate in India.

Do I need to get H1B stamping for self at that time?

Would it be sufficient to hold AP papers along with form 797 while going in & out of US and NOT have H1B visa stamp?

This should be okay, Right? Please clarify.
 
No Title

If you are going to get married and bring your spouse in H4, then you need to maintain your H1 status, i.e., not use the AP for enetering US. In such case it is better to get your H1 visa stamp in India along with your spouse\'s H4.

P.S. Personal opinion only.
 
Not really

This is what my lawyer has to say abt it.I hope it is true.

The first is that entering by Advance Parole only means that your H visa status will no longer be valid, this status is the one
given by the colored stamping in the passport, this status is one that is only for travel purposes. For all future travel, you will have to extend your Advance parole and will be unable to have your H visa stamped in your passport for travel. As for your H working authorization status, this is set by the
I-94. When you receive the new I-94 from the INS, this will be what you use to show your authorization to work and stay in the US. Now as for bringing wife on H4, if this is her first time, then she must have his new I-94 to be able to get her new H4
 
visa stamping in India

My wife did not go with me for visa stamping, and all she carried was my I797 original, marriage certificate; and the
   question of my Passport having a stamp did not arise.

   I guess if you are not using EAD and still maintaining H1 status it should work.
 
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