Comming to US on H4, Primary has entered on AP

TroubledGC

Registered Users (C)
Hi Guys,

I have come to the states using AP twice and I do not have H1B stamped in my pass. We had a long discussion with on this forum, with Ginnu and RealCanadian and I also talked to Rajiv himself and the agreement was she can apply for H4. They all mentioed that it would be depend on the counsular discretion and depth of knowledge of the dual status memo.

She applied for H4, in the consulate they got confused about my status and she showed them my AP and finally after more than an hour of interview she got the Visa and now she is comming to the states.

My Question is:

Is she going to have any problem entering US?
At POE, do they check the primaries again or do they focus on her situation?
What kind of documents does she need at POE?
Any similar experience or recommendation here?

Thanks a lot for your help

TroubledGC
 

ginnu

Registered Users (C)
Hi Guys,

I have come to the states using AP twice and I do not have H1B stamped in my pass. We had a long discussion with on this forum, with Ginnu and RealCanadian and I also talked to Rajiv himself and the agreement was she can apply for H4. They all mentioed that it would be depend on the counsular discretion and depth of knowledge of the dual status memo.

She applied for H4, in the consulate they got confused about my status and she showed them my AP and finally after more than an hour of interview she got the Visa and now she is comming to the states.

My Question is:

Is she going to have any problem entering US?
----------------why? she has valid H4 visa stamp
At POE, do they check the primaries again or do they focus on her situation?

------------------they may ask about you were you are working? she should inform about your employer and your H1 status.
What kind of documents does she need at POE?
--------------Passport with valid H4 stamp (if she has valid AP she should keep it with her)
Any similar experience or recommendation here?
--------------others will post
Thanks a lot for your help

TroubledGC
-------------
 

nscagony

Registered Users (C)
She can enter and remain in H4 as long the primary works based on his H1B and doesn't use EAD. But be careful. If the primary falls out of H1B status and the secondary doesn't have a pending I-485, the secondary goes out of status.
 

TroubledGC

Registered Users (C)
Thanks a lot for your reply,

I was worried that they check again and see that I have entered on AP and they start getting confused and H1/AP situation.

I have not invoked my EAD yet

Troubled
 

jk0274

Registered Users (C)
She can enter and remain in H4.... If the primary falls out of H1B status and the secondary doesn't have a pending I-485, the secondary goes out of status.

But that's the original poster's point: He is not in H-1B status, he is a parolee.

She may be allowed to enter with her H-4 visa (only somebody who has experienced this can let you know for sure, I have seen this question asked on this forum and I don't know what ended up happening) - but basically I don't see how your spouse can remain in H-4 status in the US, even if admitted as such, if you are not in H-1B status but are a parolee. The Cronin memo specifies that you may continue to work for your H-1B sponsor without an EAD as long as your I-797 H-1 approval remains valid, but it also makes clear that you are not in H-1B immigration status unless and until you file for an H-1B extension and obtain approval on it.

So perhaps your spouse will be admitted (pretty likely), but as to her actual status once in the US, if she has an I-485 pending then there shouldn't be any further problems because she is lawfully present by virtue of her AOS status. If she does not have an I-485 pending, then what her actual immigration status will be is a good question.
 
Last edited by a moderator:

number30

Registered Users (C)
Hi Guys,

I have come to the states using AP twice and I do not have H1B stamped in my pass. We had a long discussion with on this forum, with Ginnu and RealCanadian and I also talked to Rajiv himself and the agreement was she can apply for H4. They all mentioed that it would be depend on the counsular discretion and depth of knowledge of the dual status memo.

She applied for H4, in the consulate they got confused about my status and she showed them my AP and finally after more than an hour of interview she got the Visa and now she is comming to the states.

My Question is:

Is she going to have any problem entering US?
At POE, do they check the primaries again or do they focus on her situation?
What kind of documents does she need at POE?
Any similar experience or recommendation here?

Thanks a lot for your help

TroubledGC


Does she has an AP? Per Cronin Memo Your H1 needs to re-instated then only you will be H1. So Officer may think that she has abandened her I-485 depending upon the officer.
 

TroubledGC

Registered Users (C)
She has never been in the states, so we have not applied for her I485 or AP, I am hoping to apply for her when she came here

Does she has an AP? Per Cronin Memo Your H1 needs to re-instated then only you will be H1. So Officer may think that she has abandened her I-485 depending upon the officer.
 

tammy2

Registered Users (C)
She has never been in the states, so we have not applied for her I485 or AP, I am hoping to apply for her when she came here

If the Cronin Memo requires you reapply H1, apply for the H1 and get it done. Since your spouse is going to apply for I-485 her status and entry needs be very clear.
 

jk0274

Registered Users (C)
If you are worried and want to cover your bases, then as mentioned above, apply for your H1-B extension right away. Once approved, you'll get a new I-94 card that will reinstate your H1B immigration status. Another quicker option may be to cross the border into Canada and apply for a new H1-B visa there and reenter with it. The risk with that is any delay in processing your visa application. Hope this helps.
 

TroubledGC

Registered Users (C)
Thanks a lot for the help,

I probabely can't do that as It takes a long time to reinstate H1B and I really want my wife to be here as soon as possible

I hope that she can come to the states after that I can file her 485 and all the other problems are gonna be solved, I assume

If you are worried and want to cover your bases, then as mentioned above, apply for your H1-B extension right away. Once approved, you'll get a new I-94 card that will reinstate your H1B immigration status. Another quicker option may be to cross the border into Canada and apply for a new H1-B visa there and reenter with it. The risk with that is any delay in processing your visa application. Hope this helps.
 

jk0274

Registered Users (C)
Well I would still go ahead and apply for your extension anyway - even if she comes to the US... just have your H-1B reinstated as soon as possible (whether she's in the US or not) so that if she gets an RFE on her I-485 you'll be better covered...
 
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