H1B -> Advanced Parole -> H1B. Question.

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sd1975

Registered Users (C)
Hi quys.

Thank you very much for your responses on my previous questions. Special thanks to those who created and maintains this extremely useful forum.

I have one more question:
My H1B has expired. I filed for en extension. I had to travel abroad very badly, so I couldn't wait for my H1B extension to be approved. Therefore, on the way back I used an advanced parole.
My question is: when i get my approval with a new I94 does that mean that my status changed back to H1B and I'm eligible to get H4 for my wife and bring her here? Or I have to go to the consulate and get H1B visa for myself first?
My wife didn't have any visas before.

Thank you once again,

VK
 
The concepts of status and visa are different.
A visa is an entry document.

If, indeed, you are granted a H1B extension, then your wife can obtain an H4 on the strength of your I-797 Notice of Approval of the H1B, since you will be in H status.

You do NOT need an H1B stamped on your passport in order for your wife to obtain a H4 visa at a consulate abroad.

If you travel abroad, you will have to get the H1B stamped on your passport to reenter.
 
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It's not about visa stamped in the pasport. It's about I94, which indicates your status. My current I94 says that I'm parolee. The I94 that will come with an I797 will not be valid. Since it is an extension of previous I94. However I've lost my previous I94 on the way out of the country. That's why it can't be extended.
Therefore in order to change my status from parolee to H1 I have to leave the country, get h1b stamped in my passport (otherwise there is no way to get new I94 that says that my status h1b). Then on the way back I show them my H1B visa and they give me brand new I94 with H1B status.
I did some research, and almost sure that it is the only way to change status from parolee to H1B.
 
No, if you have a previous expired H1 stamp, you can apply with ST.Louis and get the new H1 stamped-revalidated... And when you go out of USA next time , you can get I94.

Of course, to avoid speculation one can get the I94 immediately by visiting the nearest POE...

Since the question is related to H4, it is safer to get the H1 visa stamp first...
 
Originally posted by jaxen
No, if you have a previous expired H1 stamp, you can apply with ST.Louis and get the new H1 stamped-revalidated... And when you go out of USA next time , you can get I94.

Of course, to avoid speculation one can get the I94 immediately by visiting the nearest POE...

Since the question is related to H4, it is safer to get the H1 visa stamp first...
Click to expand...

I'm planning to do something similar.
I didnt understand one thing Jaxen, lets say I get H1B extension, thats just a notice, so is it possible to get the VISA STAMP in my passport without leaving US? And then afterwards can I travel and I'd be allowed to re-enter by showing that H1B stamp?

Thanks.
 
Originally posted by jaxen
No, if you have a previous expired H1 stamp, you can apply with ST.Louis and get the new H1 stamped-revalidated... And when you go out of USA next time , you can get I94.
Click to expand...
St.Luis is a good option. But it takes too much time to get it. I believe it takes about 4 months. During this period i have no passport at all. So I can't travel abroad at all.
What about getting visa "on the border"? Let's say in Tijuana.
 
Does anybody know approximately how long is the waiting period between requesting an appointment and appointment itself in the consulate in Tijuana or other mexican consulates?
 
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