H1 expired(have EAD) how to bring wife on H4

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Nice_guy73

Registered Users (C)
Hi folks,

I need some help from you all. My H1 has expired in Oct 02 & my company had applied for my h1 renewal on July 1st,02 but as of now it hasnt come. I am now in India planning to get married in dec end (Hopefully....). Now my problem is I am wondering how will i get the H4 for my spouse with an expired H1. Will the embassy in delhi agree with the H1 renewal recpt and grant her H4 without my H1.

The other issue is that I plan to reenter US with my AP knowing well that my renewed H1 will come next year some time. Will the INS allow me to enter on AP & my wife on H4. Also will this make me compulsory to work on EAD/ OR can i still use my H1 status to work in the US.

Your advise will be really appreciated freinds..

Best wishes

Nice Guy
 
Talk to a lawyer.

If I were you, I would ask my company to send $1000 check to INS to do premium processing of my H1. I doubt that US consulate will give H4 without H1 approval.
 
Talk to a competent lawyer

I am sure that the US Embassy in New Delhi is going to ask you how you will you re-enter the US. Then you would probably tell them that you will use AP to re-enter. Once you use AP your H staus is gone (whihc is expired anyway) and hence no H4 can be given to your wife.

In my opinion the only way for you to get your future wife into the US is to file for her AOS as soon as possible but before your 485 is approved. If your 485 is approved before you file her AOS then there is going to be some wait as you will file under a different category.

This is my opinion, consult an attorney for specifice advice.
 
1. Use of AP does not invalidate H1, use of EAD does.
2. You cannot apply AOS for wife until she come in here.

Just send a $1000 check to expedite your H1 and you will be fine.

and, by the way, US consulate will not ask how will you enter, why would they?

NV2001, no offense, but it is not mandatory to reply to the message, specially when you have no idea whats going on...
 
Last edited by a moderator:
H4/AP issue

Any consulate *WILL* ask for a valid H-1 to grant a H-4 . period. At Madras, they ask for the H1 approval notice as well as the principle applicant's passport copy.

Will they issue H-4 based on a receipt of pending application ? I don't think so .. That's my opinion.

Ramakriya
 
Unless and until you have a valid H1 (I-129) you are as good as a normal guy in Delhi who does not have anything to do with USA. Receipt notice does not mean I-129 granted.
If your H1 has expired why did you went outside the USA ? It was not a good Idea but what ever is done is done.
I don't think your wife can get H4 on the bases of receipt notice of I-129.
If you can get approved I-129 while in India then it is good otherwise get married and come back alone on AP and wait for approval of I-129 and then send that to India along with other documents to have your wife H4. Once your wife comes here apply AOS for her too ASAP.

This is not a legal advice just a possibility
 
I dont think you have any idea either

Originally posted by goodsaint
1. Use of AP does not invalidate H1, use of EAD does.
2. You cannot apply AOS for wife until she come in here.

Just send a $1000 check to expedite your H1 and you will be fine.

and, by the way, US consulate will not ask how will you enter, why would they?

NV2001, no offense, but it is not mandatory to reply to the message, specially when you have no idea whats going on...
Click to expand...

And the principle not putting ones foot in ones own mouth applies to you too....goodsaint
Sorry no offence but I had to give you the same medicine you tried to give me.

How do you know that use of AP does not invalidate H1 ? Do you have any proof? [Nice_guy73 doesnt have a valid H1 anyway]
They asked all the questions at the embassy in Delhi to one of my friends so I posted in good faith a reply, with caveat to consult an attorney. I know very well that I dont have to post, but I did believe that my posting did not harm the interests of Nice_guy73. I think, goodsaint, you should think twice before admonishing other users of this forum.
 
Let me try to answer something. But please please consult an attorney for expert advise. This information I gathered from my lawyer.

1. It doesn't matter you entered the US using AP or H1. I have personally entered on AP for the first time and entered on H1 next time.
2. You can switch from EAD to H1 and vice versa so no problemos.
3. H4 visa stamp is only valid till the H1 visa stamp is valid. So, in theory there is no way US consulate will give your wife an H4 visa for an expired H1 visa.
4. After marriage, you can come back to the US using your AP and EAD. After you get your H1B renewal, send it to your spouse and she can get a H4 visa.
5. If your I485 approves before she comes to the US, then you can file consular processing (as you married before your AOS is approved) and typically it takes 8 to 12 months.
 
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