Applying for H-4 Visa for my wife while on EAD.

[Waheed]

I am currently on H1-B status and I got my EAD and Advance Parole approved from the same employer. My I-485 is Pending. My H1 Stamping is expired and it was with my previous employer.

my questions are

1. Can I maintain my H1-B status with EAD while both are with the same employer. ?
2. If I travel on Advance Parole using EAD and get married in Pakistan. can I apply H4 Visa for my wife on my exiisting H1 status? if yes then how long it gonna take to approve the h-4?
3. If US embassy consider my status as EAD (Adjustment of status -Pending i-485) then what visa will be issued to my wife ?
4. what is consular processing ? what is the procedue for that ? how long they gonna take to issue visa to my wife under consular processing.


Answer to those questions are highly appreciated. anyone please - share your experiance ..

regards

 

[Triple Citizen]

I believe your wife can be issued an H-4 only if you apply for an H01B visa yourself. You have H-1 status but an expired visa, is that correct? Now if you travel on an AP, then the moment you re-enter the US, you will not be in H-1 status, but you will be a parolee. So your wife cannot enter as an H-4 status holder.

 

[spam70]

Even if you entered US using AP, you still have H1 status, as long as your petition (I-797) is valid. You can get a stamping on your passport when you are out of US next time and enter using H1.

If your question is whether you can get H4 and enter with your wife when you go out now, is I guess is in grey area and I suggest you seek professional help