H4 and Advcane Parole

R

Rohani

Registered Users (C)
Guys,

I have re-filed my wife's Advance Parole (also returned original Travel document) due to some error in Travel document. I do have approved Advance Parole for myself. We all will be travelling together in March-April, 2004.


Is it possible for my wife to enter on H4 (valid until mid June 2004)when I will enter on Advance Parole taking into consideration that her Application will not be approved before our departure?

Need help. Thanks
 
One must carry his/her AP before leaving United states as one copy has to be submitted before boarding the plane.

If you are not working on EAD then you are safe to re-enter on H1b and your wife on H4, otherwide both need to have AP in hand before travelling.
 
Originally posted by Rohani
Guys,

I have re-filed my wife's Advance Parole (also returned original Travel document) due to some error in Travel document. I do have approved Advance Parole for myself. We all will be travelling together in March-April, 2004.


Is it possible for my wife to enter on H4 (valid until mid June 2004)when I will enter on Advance Parole taking into consideration that her Application will not be approved before our departure?

Need help. Thanks
Click to expand...

When you are working on EAD and entering using AP, she can not enter using H4, as she lost her H4 status, the day you started using EAD.
 
Originally posted by sam99
One must carry his/her AP before leaving United states as one copy has to be submitted before boarding the plane.
Click to expand...

News to me. Where did you read this? Is this before leaving the US, or before returning to the US?
 
Originally posted by TheRealCanadian
News to me. Where did you read this? Is this before leaving the US, or before returning to the US?
Click to expand...

As per Baltimore INS, one should submit the AP to airlines before leaving US and use another while re-entering US at POE.
 
Originally posted by sam99
As per Baltimore INS, one should submit the AP to airlines before leaving US and use another while re-entering US at POE.
Click to expand...

I've never heard such a thing before. I have no idea why the airlines would care; all they would want is your I-94.
 
The scenario is:

1) Currently I am working on H-1 and do have a valid visa (from old company) untill June 2004.
2) My wife has a valid H4 visa (from old company) until June 2004.
3) I have approved Advance Parole and her is in process due to refiling.

I have two options:

1) Either I use old H1 and show current employer H1 petition on re-entering, that way my wife can also enter on H-4.

or

2) I get new H-1 and H-4 stamped in india and enter US port on that. That way I will not be using Advance Parole and will be able to work on H1 untill june and then later on EAD.

or

3) My question again:

Can I enter on Advance parole and my wife on H-4?

Thanks
 
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What if She faces the immigration officer on port of enrty first than me? Is this going to work or there is a risk in this?

Thanks
 
Originally posted by Rohani
What if She faces the immigration officer on port of enrty first than me? Is this going to work or there is a risk in this?
Click to expand...

Why do you want to play games with US immigration? You say you have a valid visa stamp and H-1 petition. Just use that.
 
Originally posted by Rohani
What if She faces the immigration officer on port of enrty first than me? Is this going to work or there is a risk in this?

Thanks
Click to expand...

First of all why you want to take risk? This is difficult question, who will face the officer first? It might work, if you and ur spouse stand in different immigration queues and POE might not know abt your situation. Risk factor is, if POE finds out that you are in AP, then your wife has take return flight to your country.
 
H1 / AP experience at Chicago POE - OK

I came back thru Chicago yesterday(17th feb).
My status - H1B.
Visa stamp valid upto end of march'04.
I had an AP too.
But my attorney/employer asked me to use AP.

1. I gave the officer my passport, Arrival/departure card. I didn't show my AP.
The officer stamped my passport/ I 94 based on the H1 visa. He didn't ask me any other doc.
Only question he asked me was, Are you working for the same company? My answer was - Yes.
I was little worried as the officer mentioned - valid only until 29th of March '04 in the I94 and also my attorney adviced me to use the AP.
The time he was about to return my passport, I told him that I have an AP too.I shouldn't have told him.
He asked me, why I didn't tell him this at first.He didn't wait for my answer and cancelled the entry stamp on the passport, gave me a new arrival/ departure doc and asked me to go to any other officer.

2. I filled up the doc again and left the visa details blank in the form.
I went to another officer this time and gave my PP, AP and I 94.
No questions / docs was asked for. He stamped my passport and let me in.

My observations is, We could use either H1 or AP, in a situation like mine.
Thanks.
 
Re: H1 / AP experience at Chicago POE - OK

Originally posted by gbwis
I came back thru Chicago yesterday(17th feb).
My status - H1B.
Visa stamp valid upto end of march'04.
I had an AP too.
But my attorney/employer asked me to use AP.
Click to expand...

Why did you use AP, if you are working on H1B? And why did your attorney advise you to do so?
 
Last year I entered on H1b even though I had vaild AP with me without any problems. I wasn't asked any questions.
MY wife entered on H4 2 weeks later even though she had valid AP with her without any problems.
This year she is out of country and is expecting to enter on H4 (experies on May 28th) but this time she doesn't have AP. hope all goes well. I will post my wifes experience.. She is ariving on March 8th. So lets see what happens I have my fingers crossed. i am still on valid H1 and have notused EAD. According to INS website you don't need AP if you have a valid H4/H1 and if you have filed for Advance Parole.
 
I know a friend who came one week back. His AP is pending.
He returned on H1-B visa (7th year extension). He went to Chennai Consulate for Visa. Got it without any problems. Also no questions asked at POE when he used his H1-B visa.

He could not wait for AP approval as he has to visit.
 
I am waiting for my wife's Advance Parole. If AP will not be aprroved before our departure date (March 3rd week), we will re-enter in April 2004 (3rd week) on our H1/H4 visas (valid until June 7th, 2004) and I do have a valid H1 petition with my current employer upto June 30th, 2004.

Should there be any problem in re-entering ?

Thanks
 
Can we re-enter on old H1/H4 valid visas from old Employer without doing new Visa stamp in India for current employer ? We have our I-485 pending.

I heard that we have to show approved H1 petition from Current employer, recent employment letter and few recent pay stubs at POE, and then officer would allow us to re-enter on old stamped visa.

Any comment guys. Any URL reflecting above law/regulation ?

Thanks
 
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