Experts! Please advise

G

GCcare

Registered Users (C)
My friend current legal status is 485, and he left to India and will be coming back on AP. But he has also a valid H1, but not stamped on passport.
He called me today from India, and told he got engaged with a girl, and will get married on Dec-04.
So, how can he get her to US. I was under the impression that, once you enter in US with AP, your H1 will be void. In such case you can not get wife on H4, Is there any alternative solution ?.
Please post.
 
change 485 to CP...go back to india for stamping..include her name during stamping and can bring her in a month or so..

i didnt know whatelse to tell..

or come back on ap...get the stamping done for h1 locally (in usa)..go back bring her on h4...can this be done?

anyway..can anyone disagree with me? is this a good advice?

madhav
 
Since H1 is anyway a dual intent visa, I believe the best way for your friend is to go to the consulate (assuming he has a valid H1 approval notice) get the H1-B stamped and at the same time get the H1 B dependent stamp for his wife (he needs to take the marraige cert, photos, etc and the wife to the consulate for that).

That should do it for him. It does not matter if he has an AP with him, but he should not use it.

Rao.

PS: Once he and his wife enter the US, he may want to add his wife as a dependent on his I485 application.
 
As long he has a valid H1-B status he can use AP to get back into the country. He will not lose his H1 status just because he used AP. He will lose H1 status if he uses his EAD and not AP.
I was told this yesterday by my attorney as I am in the same situation. H1-B no stamping on the passport. But want to use AP to travel to India and keep H1 status.
Please confirm this with others on the forum.
HTH.
 
Agree with mrao485.
The best way is he gets stamp on passport in India and get his wife H4 visa to enter US.

Don't agree with hathwar.
Once you use AP to enter US, you give up your dual status. You can't use H1B any more. It doesn't matter with your EAD. So, be careful with this situation.
 
change 485 to CP is not a good option. TSC is processing I-824 from Oct 2002. That would mean another two years wait.
 
Thanks for disagreeing with the CP option. :)
I have friends who got their dates within few months, so I was under the impression, its pretty easy..

Madhav
 
Two of my Friends were in similar situation in late 2002. They used AP to reenter in USA, they had valid H-1 approval notice(not the visa stamp). They got married using AP and their wives came to USA using H4 visa, they got their H-4 visa after their husbands returned to USA using AP. H-1 and pending I-485 are dual status and as long as one is not using EAD he should be fine.
 
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