Getting married, Need H1B stamped and H4

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linux1112000

Registered Users (C)
I am on H1B status and my GC is pending. I have been traveling using Advanced Parole that I got through GC application. I have never got H1B stamped on my passport. I came in USA as F1 status and after completing my bachelor I got H1B in March 99.

I am planning to get married in Bangladesh and would like to bring my wife with H4. Could anyone please let me know the procedures to bring my wife here? Since I do not have H1B stamped on my passport, do I have to get the H1B stamp before I can apply for my wife’s H4? Do I need to make an appointment and If I do then how soon? I heard that I need to make an appointment 3 months before, is it true? How long does it take to complete the whole procedure? I have filled concurrent I-140 and I-485 and the I-140 Notice Date is 8th Aug, 2003. Would it be possible to bring her any other way then H4?

I would appreciate your opinion.
 
If you actually entered US using your AP, you are on AP status and working using your EAD, rather than your H1B. I don't know details about how one changes from AP to H1B. But at minimum, it will involve getting a H1B stamp, I'd guess.

I think you are correct in thinking that your best option is to change to H1B and get your wife on H4.

I guess you should get advice from a lawyer, the peace of mind is probably worth the cost!
 
Thanks for your reply.

I have used AP but I have never used EAD. I read from other posts that you could still be in H1B status if you do not use EAD even after using AP to enter in USA.
 
Yes. I saw this on Murthy chat:

Chat User : Does making use of an advance parole invalidate the H1B status? My 7th-year H1B extension has been applied for and I’m planning to travel by making use of my AP.

Attorney Murthy : The May 2000 USCIS (Legacy INS) Memo makes it clear that merely by traveling abroad and reentering on the AP should not invalidate the right to file and obtain an H1B extension of status or choose to use the H1B to enter the U.S. on the following occasion.
 
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