H4 and advance parole, can they go together?

J

jefkorn

Registered Users (C)
I am out of US on vacation, have valid EAD(not used), valid AP(not used) as well as 7th year extension approved. Have applied for H1 visa at US consulate in Islamabad, Pakistan.

1. If I get married, can my wife apply for H4 based on my approval notice assuming that I don't have H1 stamped in the passport but my request for H1 visa is pending at the same consulate?

2. If she gets the H4 visa, can she travel to US alone? This would be her first entry into US?

3. If I enter US on AP which makes me into "parolee" status, can my wife later enter US on H4?

4. Based on some opinions, when one uses AP to enter US, the H1 status ceases, will that make the H4 invalid and thus create problems for wife on H4 while entering ?

5. Can I and my wife enter US together (me being on A and she on H4)?

Please advise as I am quite anxious. Here in US consulate they do background/security checks before issuing H1 visa and it could take weeks!

Thanks
Jeff
 
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jefkorn said:
I am out of US on vacation, have valid EAD(not used), valid AP(not used) as well as 7th year extension approved. Have applied for H1 visa at US consulate in Islamabad, Pakistan.

1. If I get married, can my wife apply for H4 based on my approval notice assuming that I don't have H1 stamped in the passport but my request for H1 visa is pending at the same consulate?
----YES
2. If she gets the H4 visa, can she travel to US alone?

This would be her first entry into US?
-----YES
3. If I enter US on AP which makes me into "parolee" status, can my wife later enter US on H4?
-------------Yes (but why you will use AP if you get H1 visa stamp?)
4. Based on some opinions, when one uses AP to enter US, the H1 status ceases, will that make the H4 invalid and thus create problems for wife on H4 while entering ?
------------------if enter with AP your H1 does not become invalid if you are going to work with the employer who filed your latest H1 and one can also file H1 extensions in future. She can enter with H4 visa
5. Can I and my wife enter US together (me being on A and she on H4)?
---YES (it is better if you use H1 visa and spouse use H4 visa stamp)

**for more onfo you can ask your company lawyer
Thanks
Jeff
Click to expand...
 
Yes, entering with AP does not invalidate the H-4 visa of your spouse. The only concern one could have in your situation is if your I-485 gets approved and you get your green card. Once that happens, your wife can not enter on H-4 (as you no longer are on a Non-immigrant visa).
I am not sure if it can happen while you are out of the country.. but I guess it could. Do you know how much time/steps you have before your adjustment of status application is approved?
 
Has anyone done it?

Thanks ginnu and a101 for your replies. I really appreciate it.

Has any of your friends done this, primary applicant entering US on Advance Parole and the spouse on H4 at the same time? Based on my my consultation with a very reputed attorney, the status of the person entering on Advance Parole is "parolee" but he doesn't need to get work authorization if he continues to work for the same employer. He is no longer in H1 status after he used Advance Parole to enter US unless he files for an H1 extension or travels out of US and gets an H1 visa and renters US based on that visa.

In my case, my extension is already approved so H1 visa seems to be my only life saver. I am not sure if the officer at the port of entry would make it an issue for H4 (because of the gray area in interpretation of this situtation) if I don't have the H1 visa and use Advance Parole so wanted to find out if someone has gone through similar situation.

I will also ask my company lawyer and share with you guys!

I have applied for H1 visa stamp but it may take much longer because of background checks, In that case I was thinking for travelling on Advance Parole which I already have. I would prefer to use H1 visa if I get it on time.

Please see my signature for my timelines. It seems that it might be March when 485 would get approved.

Best regards,
Jeff
 
Hi jefkorn

I believe you are correct that once you enter as a parolee, you are not in H-1 status unless you extend H-1 etc.

I have couple of thought:

1. If you have applied for H-1 stamp, chances are that US consulate will not issue visa to your wife until your security clearance comes and your visa is stamped.

2. If your wife does get the H-4 stamp before you get the visa stamp and you want to enter into US as a parolee, what do you think about letting her enter US first on H-4 and you enter later on as a parolee? Logistically difficult but worth a thought!
 
Regarding your case

Hi jef,

I know a friend with AP and got married overseas. He entered US for the first time with his AP and his wife joined him with H4 later.

I am going to have the same the situation as you have. My question is whether a parolee, say the one who is using his AP for the second or more times, can apply for H4 for his wife?

Regards,
Mo
 
Got H4 for spouse and used H1 and H4 to enter not AP

When you say "with AP", do you mean that he didn't have H1 visa and he showed AP document at the port of entry?

I didn't need to use AP as I applied for H1 overseas although I had a valid AP doc, never used it to enter US, after I applied for my H1, it had to go through Admin Processing at the US cosulate. The security clearance was received withing 7 days and then the H1 visa was printed.
When my spouse applied for H4, I handed her the original PP with H1 visa in it. By the way, I had asked the interviewing officer about H4 when I was told that I needed to go through some security check. He said that my spouse could apply for H4 but she will not be issued H4 visa untill H1 is issued. But this could be because I had applied for H1, had I not applied for H1, things would have been different.
Please consult lawyer for concrete answer.
sabalan110 said:
Hi jef,

I know a friend with AP and got married overseas. He entered US for the first time with his AP and his wife joined him with H4 later.

I am going to have the same the situation as you have. My question is whether a parolee, say the one who is using his AP for the second or more times, can apply for H4 for his wife?

Regards,
Mo
Click to expand...
 
In same boat, please help.

Hi jefkorn, I am in same boat. Can you please share how you were able to get your wife and under whats status you were?

Please respond to me as soon as you get chance.

Thanks
 
I-485 was pending, AP and EAD in hand, H1 visa was expired but had H1 extension approved. Traveled overseas, applied for H1 visa, got H1 visa stamped after about one week of admin processing/security check. Got married, applied for wife's H4 visa. Went to US consulate with her but of course couldn't accompany her all the way to the interview window, she was issued H4 without any hassles or admin processing or additional security check related delay. I hope that helps. If you describe your situation little more, I may be able to offer my ideas.

hashmisf said:
Hi jefkorn, I am in same boat. Can you please share how you were able to get your wife and under whats status you were?

Please respond to me as soon as you get chance.

Thanks
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