This is regarding the dual memo INS released in 2000...and this memo clears one of the common misconceptions people have.
The memo is available at the following link:
http://www.immigrationlinks.com/news/news301.htm
I want someone to clarify on Question.6:
Is an alien who has a multiple entry I-512 and who has previously been paroled into the United States now eligible for admission as an H-1 or L-1 if he or she is still in possession of a valid H-1 or L-1 visa?
Yes, the alien may be admitted as an H-1 or L-1. However, aliens returning from abroad may only be admitted as an H-1 or L-1 when they have a valid H-1 or L-1 visa (unless visa exempt), remain eligible for H-1 or L-1 classification, and, where there has been a recent change of employer or extension of stay, have evidence of an approved I-129 petition in the form of a Notice of Action, Form I-797, indicating approval or a notation on the nonimmigrant visa indicating the petition number and the employer's name. If they do not meet these criteria, then they use their I-512
Basically, it says, if one was paroled in before and maintains H1 status, he can re-enter using the H1 visa. In such scenario, what about the spouse (H4)?. Can she re-enter using a valid H4 even if she was paroled in before ?. Some times (very rarely because of reasons such as security review), it takes a while to get the advance parole approved and may not get it before she leaves the U.S, hence if she has a valid H4, I wanted to know if she can use it to re-enter.
Appreciate your inputs.
The memo is available at the following link:
http://www.immigrationlinks.com/news/news301.htm
I want someone to clarify on Question.6:
Is an alien who has a multiple entry I-512 and who has previously been paroled into the United States now eligible for admission as an H-1 or L-1 if he or she is still in possession of a valid H-1 or L-1 visa?
Yes, the alien may be admitted as an H-1 or L-1. However, aliens returning from abroad may only be admitted as an H-1 or L-1 when they have a valid H-1 or L-1 visa (unless visa exempt), remain eligible for H-1 or L-1 classification, and, where there has been a recent change of employer or extension of stay, have evidence of an approved I-129 petition in the form of a Notice of Action, Form I-797, indicating approval or a notation on the nonimmigrant visa indicating the petition number and the employer's name. If they do not meet these criteria, then they use their I-512
Basically, it says, if one was paroled in before and maintains H1 status, he can re-enter using the H1 visa. In such scenario, what about the spouse (H4)?. Can she re-enter using a valid H4 even if she was paroled in before ?. Some times (very rarely because of reasons such as security review), it takes a while to get the advance parole approved and may not get it before she leaves the U.S, hence if she has a valid H4, I wanted to know if she can use it to re-enter.
Appreciate your inputs.
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