go out on H4, comeback on AP

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confusedalien

Registered Users (C)
My wife is planning a visit to india end of october or early november.
We'll apply for 485 and advance parole in a week or so.
She has an H4 approval notice till May 2004. Her passport has an expired H4 stamp (expired more than a year ago).

Plan of action:
-She'll leave US without waiting for AP approval (and be in india for 2-3 months)
-when the parole is approved, i'll send it to her in india along with the 485 filing receipt
-she'll use 485 receipt and the approved parole to re-enter US

Does the above look ok?
(We would like to avoid stamping the h4 on her passport, due to the delays at US consulate in chennai. that's why planning as above)


I am also thinking of visiting india, after my parole is approved.
Do I also need an approved EAD to re-enter? (i also will be unable to stamp my current H1 on my passport).

thanks in advance for your valuable opinions
confusedalien
 
plan seems ok. Since you are here to answer any rfe this will work. Just dont leave US until your (and spouse's) ap is approved.
EAD is not required.
 
thanks jaxen. you guys are awesome. i can do a better and faster research from here than trying to get answers from my lawyers! thanks again.

the reason I asked about EAD for my case is because I have seen sentences like this on many sites -
"As parolee can't work in US, he/she should get EAD before traveling on AP."
my passport has only got expired (more than a year ago) H1 stamps. I have an H1 approval valid till march 2004, which I WON'T be stamping on my passport.
Assuming I have 485 receipt and approved parole, and no EAD, will I be asked at port-of-entry for either
a)a valid unexpired H1 stamp
b)EAD/AP/485receipt.
I cant give either a) (because no stamp on passport) or b)(no EAD).

please let me know if this will be a problem.

thanks
confusedalien
 
A similar issue

My wife last entered US on H4. Later on she got a job here and her company got her an H1. So currently on her passport she has an expired H4 stamp, but her status is H1. We are planning to goto India and return on AP. Please let me know if this could pose a problem or its a valid scenario.

Thanks
 
This is a copy of the reply to a similar question in another thread.

Recently I went to India and returned in the month of August on AP. I hold an approved H-1 petition (valid until Feb 28, 2004) and no EAD. My passport does not have H-1 stamp.

I did not go to US consulate in India for H-1 stamping. Upon returning from India, my passport, I-94 and AP document was stamped as "payrolled until Aug, 2004".

So far so good, when I went to my employer, they said that I can no longer work based on H-1, I need EAD.

The lesson is: Once you use AP, your status is no longer H-1. Since your status in not H-1, you need EAD to work in your new status "adjustee". Hence before you go, EITHER get EAD OR get H-1 stamp on your passport before you return.

It is also possible to travel out of US once again and get H-1 visa stamp on your passport based on your approved H-1 petition. This was the suggestion given to me, since currently I am not getting paid.

I hope this helps you in making a decision. Please see usvisanews.com (Wednesdays questions archive 09/10/2003), http://www.usvisanews.com/wedquest091003.html
 
confer485,
sorry to hear that. but that definitely is useful info.

as per the experts in this forum, you wont lose your H1 just because you used AP.
these were the links posted by ginnu on another message

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

so, in summary,
for an H1 guy (working), you need a stamp on your passport
to maintain your H1 status after reentry. Or else, you need an EAD as well before re-entry.

For H4 (dependent), you can re-enter with either an H4 stamp or with AP.


experts, does the usvisanews info (answer no. 4) look accurate?

confusedalien
 
This is confusing? can anyone shed more light on this? does this mean that the links information is wrong and after AP use the H1b is not valid?
 
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