H1B -> Advanced Parole -> H1B. Question.

S

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
 
You can go back to h1. You can try to get the revalidation from St. Louis, if denied you can go out of US and get H1 at a US consulate (maybe where your spouse is also getting the h4)
 
Do I HAVE to get visa? I don't want to go outside the country. For me it would be much better if my wife gets her H4 and comes here. Do you think that it would be Ok?
 
It would also be tricky for me to go to the consulate. They may refuse because i broke my non-immigrant status entering the US with AP.
However they shouldn't refuse my wife since she will have a document showing that I'm on H1 status now (I797 with an attached I94). The worst thing they can do is to request additional documents (i.e. copy of my H1). In this case I will definitely have to go there. But why should go there before it happened?
What are the risks if she attempts to get her visa without me? There is nothing fraudulant or illigal here. It is also no reason to deny her.
 
By using AP you have gone into a grey area.
The two cases I have known (through this forum) got the revalidation thru st.Louis or an indian consulate. They did get the H1 visa so that they can establish that for employment they are still using H visa and so the spouse is eligible for H4.

As compared to that clear statement , the stand that I will do H1 visa if demanded is what I call non mitigation of risk...
 
Originally posted by jaxen
As compared to that clear statement , the stand that I will do H1 visa if demanded is what I call non mitigation of risk...
Click to expand...
Please, could you explain me the meaning of "mitigation"
Thanks.
 
Guys,

Thank you for your responses.
I did a little research and I have found that this H1 extension approval I'm expecting to recieve will contain I94, but this extended I94 will be invalid since I have already left the Country and got back using AP.
That means that I really have to go abroad to get a new visa and to receive a new I94 using this visa on the border. Only in this case I'm not breaking my status bringing my wife on H4.
In this matter I have the following questions.
The extended I94 I'm gonna receive will be not valid. Will I797 approval be still valid? May I use this approval to obtain a visa or I have to apply for a brand new H1B approval?
May they deny to give me an H1B visa just because I've been already "paroled"? Is it a good option for me to Apply for H1B in Tijuana, Mexico?

The picture is getting clearer :)

Thank you.
 
good.
Yes the I797 is always valid (last action rule) but since the I94 has gone bad, you can go out and get the new I94 and come back.
 
Another question.
Do I have to show my I485 receipt along with the visa to the officers on my way back? If yes does it has to be an original or copy is enough?

Thank you
 
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