Applied I-140/I-485, Getting married soon ???

H

hope_for_gc

Registered Users (C)
Hello,

I am working for a company in Omaha. I am currently on vacation in India for a few weeks. I got engaged yesterday and I plan on getting married this November end/early December.

I have my EAD and Advance Parole approved(valid till May 2004 and April 2004) and my H1 is valid till April 2004. My visa on my passport expired on October 2002. However, I could not get the revalidation done as I was planning on using the Advance Parole. There is a long wait here at consulates in India to get an appointment.

I would like to know my various options and your recommendation in this situation to bring my fiance to United States after our marriage.

These are some questions, thoughts that came to my mind

1> Can I enter US with my Advance Parole and still sponsor my fiance after our marriage on a H4 visa.
2> Can we apply for a 485, EAD and Advance Parole, although she is not in United States.
3> Can I enter US now on Advance Parole and later get my H1 revalidated from within United States(as it is less than 12 months since my visa on passport expired) or when I come here back to India.

4> Can we amend the existing 140 to use Consular processing instead of Adjustment of Status, so that we can procure a immigrant visa here.
 
best is give her your H1 approval notice copy and copy of you passport where visa is expired and other related paperwork like marriage certificate and other stuff and apply for her VISA while u come back before on AP and let her follow u on H4. Or if u can wait then come back on AP and apply for H1 stmap and then send her paperwork.
 
Originally posted by hope_for_gc
1> Can I enter US with my Advance Parole and still sponsor my fiance after our marriage on a H4 visa.
2> Can we apply for a 485, EAD and Advance Parole, although she is not in United States.
3> Can I enter US now on Advance Parole and later get my H1 revalidated from within United States(as it is less than 12 months since my visa on passport expired) or when I come here back to India.
4> Can we amend the existing 140 to use Consular processing instead of Adjustment of Status, so that we can procure a immigrant visa here.
Click to expand...

1. No. She cannot enter in H4 status unless you are in H1 status. If you use AP to enter, you are a "parolee" and are not in H1 status, so no H4 for her. Get your visa revalidated in the US before you leave, or get a new visa stamp when you are in India. She will need a visa stamp for her H4.

2. No. She must be physically present in the US and have passed legal inspection in order to file an I-485. That means H4.

3. I don't know much about visa revalidation within the US if you enter on AP, but since you will need a consular interview for her H4, you might try and get your H1 at the same time.

4. You can file an I-824 to switch from AOS to CP, but depending on the processing time at your Service Center, it could set back the approval of your GC. I think the H4 avenue is the best approach.
 
If you have valid H1 even approval while u r in US and then you go out and use AP to enter back you ramain on H1 . Useing AP doesnot invalidates your H1. Check INS memos and plenty of postings on this forum.
 
Originally posted by ghost-rider
If you have valid H1 even approval while u r in US and then you go out and use AP to enter back you ramain on H1 . Useing AP doesnot invalidates your H1. Check INS memos and plenty of postings on this forum.
Click to expand...

I question this seriously.

If you enter on AP, you do not have H-1 status. You are "paroled" into the US. Your H-1B approval means nothing then. I ask a question of a lot of folks that raise this issue, and I'll ask it of you.

In 1999, I visit the US as a tourist. I receive a 10-year B-2 visa at my consulate. I enter the US for a week, go to Disneyworld, and return home. In 2001, I get an approved H-1 and go back to my consulate for an H-1 visa. I work in the US for two years, and return home. I re-enter using my B-2 visa. Am I allowed to work, and can my wife enter with an H-4?
 
My understanding is that merely using AP does not void your H status. However if EAD is used to seek employment, H1 as well as derivative H4 status become void.

In the example you cited, one thing holds which is you cannot have more than 1 non-immigrant visas at a given time. In the example if you got H1, your B2 visa is automatically void. You will most likely be not allowed entry unless your existing H1 visa is valid.
 
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