H4 stamping In India - entered US on Advance Parole

R

Rsur

Registered Users (C)
Hello All,

I am posting this for a friend of mine and need feedback/suggestions.

My friend has a valid H1 visa stamped from Canada and was paroled into the US by a Officer at the POE who did not agree to allow him to enter on H1.

He is planning on getting married in India next month and would like to bring his wife to the US on H4.

1. Will the fact that he has been paroled create a problem in getting the H4 stamp?

2. What are the papers he needs to carry?

Has anyone been through a similar situation and can point out the best way to approach this.

Thanks
 
well ur freind is no more on H1 then so He cant not bring his wife on h4. He can include her to his green card application to bring her over that can take a while thoguh
 
arm 5262,
Don't milead and spread ur ignorance. People like U can cause soo much damage in one's life if they believe U.

Entering on a AP will not make H1 invalid. Using and working on EAD will.
He can marry and get hist wife H4 based on H1 which is valid.
 
chvista:
dont blame your ignorance onany one else...go and ask any one else...they would tell u the same that using AP to enter US will change ur status to Adjusting applicant. you wil loose your H-1 status immediatly.
 
arm5262,
Chvista is absolutely CORRECT.

let me tell you one thing. I had H1 Visa ( not H1) expired but AP in hand. I visited India and came back on AP, applied for H1 extension, granted H1 7th year extension and now got my GC as well.

They changed the restrictions on AP long back. U seem to be little lost. Wake up and stop spreading your ignorance or else you will look like a fool.
These type of misinformation can stop that guy from marrying. I hope the below links will bring you out of your darkness.


http://www.visalaw.com/00may3/16may300.html

"The memo states that H and L nonimmigrants that enter the US on advanced parole can apply for an extension of their nonimmigrant status so long as there is a valid underlying petition. If the application for an extension is granted, the alien’s parole is revoked and they are admitted in the nonimmigrant status. Similarly, if the alien had previously been admitted in parole status but still has a valid H or L visa, they can enter the US in H or L status"

ALSO

http://www.hooyou.com/advanceparole/faq.html

Q: I was a H-1B holder, and used my Advance Parole to reenter the U.S. Do I lose my H-1B status and become I-485 pending?
A: If you resume your employment with the same employer for whom you had previously been authorized to work as an H-1 nonimmigrant without using your EAD, you can still keep your H-1B work authorization. Furthermore you can still apply for an extension of H-1B status. However, if after being paroled in, you change employers or work for your current employer with your EAD, you no longer have a valid H-1B nonimmigrant status, even though you can still lawfully stay in the U.S. during the I-485 pending period.
 
Last edited by a moderator:
well I think you guys are trying to fool your slef and others....in the same link you sent me, if you had read a bit more, you would find this....

"When an H or L nonimmigrant enters the US on advanced parole, this will lead to the revocation of nonimmigrant status. Therefore, the nonimmigrant is not engaging in unauthorized employment by working for the employer who petitioned for the nonimmigrant visa even after having been admitted in parole status. The memo clarifies that when an H or L nonimmigrant possesses both a valid nonimmigrant visa and an advanced parole document, it is their choice which document they present when applying for admission to the US. However, the INS officer should tell the nonimmigrant that they no longer need the advanced parole and can reenter the US in the future on a valid nonimmigrant visa. If for some reason the alien is no longer in proper nonimmigrant status, they should be admitted using the advanced parole document.
"
 
Thanks for the detailed debate and your great replies. We have also been busy trying to find more information on the subject and the law for H and Visa holders is very clear with respect to Advance Parole.

Apparently the officer at the POE erred in his interpretation and insisted on paroling my friend when he should have instead advised him to use his H-1 to enter.

As long as you have not used your EAD and have a valid H-1 visa in your passport you are in H status which means you can get your wife an H-4.

This is a good heads up for people who get into a similar situation. Arm yourself with photocopies of the relevant laws to prevent being railroaded into doing something wrong.
 
Feedback

My friend got married in India and is back in the US with his wife who was granted a H4 based on his H1.

My thanks to all of you for your time and advice.
 
if you have H1 and enter with AP it does NOT invalidate H1 status if you are working with same employer who filed your latest H1, you can also file H1 extension if used AP
for more info read:

H1, AP
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
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
 
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