Experts pls take a stab on this one.

M

mygcwaiter100

Registered Users (C)
Lets say a person goes out of the coutry on AP (maintaininig valid H1 status) and gets married. Wife goes to the consulate to get H4 visa

1) Would she have a problem in getting H4 since the primary applicant is using AP to travel?

This is not me. My neightbour's dog is having this problem. But I will be thankful someone can shed light on this and so would be my neightbours dog.
 
what happn'd to ur neighbour?

Is he busy cleaning dog's ass? Can't he ask this question here?

Ohh.. You could be that neighbor's dog!!

:D:D
 
Re: what happn'd to ur neighbour?

I would love to be her puppy....playing with god know what the whole day....

anyway....you should have taken a stab atleast you cant be that dumb.....




Originally posted by tk_tk
Is he busy cleaning dog's ass? Can't he ask this question here?

Ohh.. You could be that neighbor's dog!!

:D:D
Click to expand...
 
How does anybody know that your neighbor's dog's owner went OUT as an AP? It only matters how he got (or will get) back in. My guess is that the moment he used the AP to get back in, the derivative H4 status is lost.
 
The answer lies in your Q, "maintaining your H1 status" as far as u have a valid H1, getting a H4 or getting it stamped at the immigration counter is not going to be an issue.

For the frist one, India US Consul, will ask for your passport and your H1 and as far as they are valid they will stamp the H4 on the dependant

Now when u come here into the country, the officer will see your AP, and also see that you have a valid H1, since he will be inspecting your spouses H4 and he will ask for the primary applicats H1 and if valid, voila

the dogs can then make merry:D:D:D
 
What makes this a bit dumb, allow me to use the expression, is No One cares a damn on what visa status you "went out"all that matters is what visa status you are coming back in and it beats me as to why you will want to use a AP if you have a valid H1

As the hindi saying goes Masthi chad gayi kya :D:D???:D
 
pceefan,

Thanks for stabing :). I seem to confuse the two things here Status and visa. I am maintaining the H1 STATUS. I DONT have H1 visa I DO have AP.

Now I am not going to go to the consulate as I already have AP.

If she goes and take my H1 papers and not my passport. Would she have a problem in getting the visa?

Now second ques. Let assume she gets the visa would she have problem entering the POE with me.

What if we dont enter together? Would that be fine. I am kinda a little tubelite so need more explanation. You see its question of marriage...hehehehe






Originally posted by pceefan
The answer lies in your Q, "maintaining your H1 status" as far as u have a valid H1, getting a H4 or getting it stamped at the immigration counter is not going to be an issue.

For the frist one, India US Consul, will ask for your passport and your H1 and as far as they are valid they will stamp the H4 on the dependant

Now when u come here into the country, the officer will see your AP, and also see that you have a valid H1, since he will be inspecting your spouses H4 and he will ask for the primary applicats H1 and if valid, voila

the dogs can then make merry:D:D:D
Click to expand...
 
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If she goes and take my H1 papers and not my passport. Would she have a problem in getting the visa?
Click to expand...

I guess she will have problem in getting H4 Stamped, bcoz ppl at consulate need Primary Applicant(Your's) Passport Stamped with the H1 Visa. I am not sure if you can just send your H1 Documnets for H4 with out your Passport..

Check this Out
http://madras.sphynx.com/wwwhfaq.php3?cat=9

Applicants for H-4 visas should submit the following in addition to the documents listed above:
>their marriage registration certificate
>wedding photographs may be required in some cases
>and a photocopy or the original passport of their spouse and H-1B visa. The copy should be a GOOD quality copy and the photo must clearly identifiable.
>You will also need a letter from confirming the continued employment of your spouse.
 
I know of a case that happened in my old employer company way back in 1996, involving the Chennai consulate.

An employee, then present in the US in valid H1 status, but with no stamp (he was a B1 - H1 change of status case) sent his I-797 for his wife to obtain an H4. Chennai consulate refused, citing: "The H4 visa may be issued to dependents of beneficiaries of the H1 visa. Form I-797 is not a visa".

Our company lawyers based in the US sent a 'F/U' (in every sense of the abbreviation) letter to Chennai consulate, and they gave her a visa after that.

At least another person with the same company had had no problem obtaining H4s for his family in another US consulate in India before that.
 
Please, be aware of the fact that for a dependent to enter on H-4 visa, the primary applicant must be in H-1* status. If the primary applicant enters on AP, the dependent applicant should (and probably will) be denied entry.
 
BM,

The AP allows one to be 'paroled into the United States' so that one preserves one's I-485 Adjustee (AOS) status. Since it is possible to hold an H1 status concurrently with an AOS status, why would entering on an instrument designed solely to preserve AOS status (the AP) invalidate a differnt concurrent status (H1)allowable in law?

Even if it is argued that upon entering on AP one's status is 'parolee' (I'm not sure that this is a legally defined term), would not that status be concurrently applicable along with the H1 status?

I am not sure what is being done to abandon the H1 status. If both AOS and H1 are concurrently valid status (statii? ;)), does that not imply that the individual may elect to use either status for travel and re-entry without affecting the other?

Curious.
 
BitterMan,

Ok If I enter on AP you mean to say I am no longer in H1 status. That could either mean I am using EAD to work which I am not. Or I am working illegally. Which is also not the case.

Now If you come in the coutry on AP and again go back and get your H1 stamped does that mean you are again on H1 status?

Its kinda confusing.......
 
Yep, it is confusing. That is why understanding of the difference between an entry document and the status is essential.

2 niladri30:

there is no such thing as "concurrent status". You are either in one status, or you are in another status. There are no two or three or more statuses you may possess concurrently. You may be in possession of multiple entry documents which preclude different statuses upon re-entry, but only one such document gets presented at POE.

2 mygcwaiter100:

No, of course not. If you enter on AP, your status is effectively "parolee". If you enter on H-1B, your status is effectively "H-1B", if you enter on B-1, your status is effectively "B-1", and so on. You get the drift.

The way you are working now is you are probably using your H-1B as a work authorization instead of a separate EAD card. That is permissible, under certain circumstances, and completely legal (so far, anyway).
 
Yes I believe I am getting the drift....very painfully....

So what can be done at this point. I Have the AP and valid H1 stautus. I dont have 485 receipt (stupid mistake).

Now If I go out of US and get H1 visa and try to enter they will ask for the 485 receipt too otherwise the 485 case is abandoned correct...
 
Make sure you resolved H1 Issue before getting married, else you will end up in trouble, to figure out how you can get your wife to US.

Best Option : you goto Consulate in India for H1 Stamping , later get H4 for you spouse.. ( in case if you feel you can't delay your trip for marriage).

I have a friend who had delayed his marriage for few months becoz he was also in similar situation, but now he is happy. He got married after getting his passport stamped with H1 in US. He didn't have any problem in US consulate for H4.

(I am just giving my advice)

Take some legal advice..
 
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Basic thing What all the things that are allowed for person on H1. (e.g He is not allowed to take new/different job unless he files H1.) So if you cross the line you are on EAD and hence Parole.

As long as you are not overriding the limitations of H1 it does not matter how enter this country.

The Other one is H1 and Pending AOS status can co-exist as long as you maintain H1 status. Not the other way
 
BM

You are saying that if one is in AOS, but holds a valid H1, then AOS status is abandoned if one reenters on H1. That, we know, is not the case. I submit, therefore, that a concurrent status is possible.

Traveling on H1 does not afferct AOS, so why should traveling on AP affect H1? Traveling on H1 did not cause the 'concurrent' AOS status to be abandoned. My argument is that traveling on AP, therefore, cannot cause H1 status to be abandoned.

However, I will accept legal opinion/precedents on this. At this point I am curious as to whether you have seen your point proven, or is it your interpretation.

Mine certailnly is only an interpretation.
 
Originally posted by mygcwaiter100
Now If I go out of US and get H1 visa and try to enter they will ask for the 485 receipt too otherwise the 485 case is abandoned correct...
Click to expand...

You could try your luck in getting a replacement for your original I-485 receipt. It should be doable. Furthermore, you could try your luck by re-entering on H-1B and presenting a copy of I-485 receipt; should the officer at POE question why you don't have the original receipt on you, you would have to explain and may be s/he believes you. As another alternative, forget about bringing the new spouse in the country. Register your marriage now, though, and when you get your Green Card, the spouse will be able to apply for Consular Processing. And this may not be as bad as it sounds. Consular Processing takes alot less time nowadays than Adjustment of Status. On the other hand, it is still about a year of separation...
 
BM

I read the link. To me that too is an interpretation, though!
Incidentally, this is about figuring out the law/loophole. This isn't about not taking your word, which, I too, continue to respect.


The link also says:
"The interim rule went into effect beginning on July 1, 1999. The interim rule allows individuals with valid H-1 and L-1 status to travel outside the United States without advance parole. This also applies to the dependents of these individuals who maintain valid dependent status (H-4 and L-2). According to this rule, the individuals will both leave and re-enter the United States using their valid non-immigrant status. These individuals should have proof of valid non-immigrant status, as well as the receipt notices for the filing of their I-485 adjustment of status, as proof of the pending adjustment of status. "

Does this mean that if mygcwaiter100's wife has an H4 stamped, AND mygcwaiter100's attorney files an I-485 on her behalf and obtains a receipt notice, she could enter under this rule, even if mygcwaiter100 uses AP?

My confusion continues to stem from the fact that I do not believe that mygcwaiter100 abandons his H1 status by entering on AP. Theoretically, if I-485 were later denied, he would still be in valid H1 status, if unexpired, would he not?

Thanks for your patience!
 
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