H4 and Advanced Parole

A

AURO02

Registered Users (C)
My question relates to travelling on AP and maintaining H1 status (I am reposting this question).

My H1 visa status is valid for another two years but the H1 visa stamp in my passport has expired. I will be travelling to India in March on AP and even though I have EAD, I plan to continue working on H1 after I return to the U.S. I will be getting married end of summer to someone who is residing in India and we will be applying for H4 visa based on my H1 status. I am planning to continue to travel on AP.

I am wondering if there will be any problems at the U.S consulate in india when my future spouse goes to apply for her H4 visa based on my H1 visa status? I am concerned because my I-94 will say "Parolee" (due to the fact that I have travelled on AP) and I have an expired H1 visa stamp in my passport.

Will there be any issues at the POE if I show my AP papers while my future wife shows her H4 visa to the immigration officer?

Thanks.

Auro02
 
AURO02 said:
My question relates to travelling on AP and maintaining H1 status (I am reposting this question).

My H1 visa status is valid for another two years but the H1 visa stamp in my passport has expired.
I will be travelling to India in March on AP and even though I have EAD,
-------------AP is for entry to US, AP is not for travelling to India

I plan to continue working on H1 after I return to the U.S.
I will be getting married end of summer to someone who is residing in India and we will be applying for H4 visa based on my H1 status.
I am planning to continue to travel on AP.

I am wondering if there will be any problems at the U.S consulate in india when my future spouse goes to apply for her H4 visa based on my H1 visa status?
----------------- no, because you have valid H1 approval and pay stubs and she will be having marriage certificate. she can get H4 visa based on your H1 approval
I am concerned because my I-94 will say "Parolee" (due to the fact that I have travelled on AP) and I have an expired H1 visa stamp in my passport.
---------------- your I-94 will be with "Parolee" stamp AFTER you enter US.

Will there be any issues at the POE if I show my AP papers while my future wife shows her H4 visa to the immigration officer?

---------- I dont see probllem but you can talk to your lawyer for more info. but why you also dont get H1 visa stamp so that you enter on H1 and she on H4.
for more info read below links:
H1, AP
http://www.murthy.com/chatlogs/chat0816.html
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html

Thanks.

Auro02
Click to expand...
 
Will there be any issues at the POE if I show my AP papers while my future wife shows her H4 visa to the immigration officer?

---------- I don’t see problem…

When he entered with the AP, he is a parolee or H-1B? Do you know it?
 
If I were you, I would get H1 stamp and get the H4 stamp for my wife and come together. I am not sure how spouse can get H4 visa based on expired H1 stamp.
 
one more q

does that mean if they travel seperate / or may be on the same flight but different visa officer - the primary can enter US with AP and the spouse can walk in with approved H4 ?

do you see problems in future if the primary who entered US on AP goes for H1B stamping after an year or two in india
 
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