H4 stamping

S

sri0202

Registered Users (C)
Hi All,
I am planning to send my wife only to Chennai Consulate for her H4 visa(second time stamping). I am not going for my H1 stamp because of delays in stamping, I am using AP to return.


If I send her alone..Is it going to be very tuff Interview at consulate....Please let me know..any sugestions..Please.

Thanks,
Sri
 
Well ... if you plan to return on AP then you are not in H-1B - therefore the H-4 is questionable. I would go for H visa stamping together - Advanced Parole will serve as a backup anyway.
 
I am assuming you have an employment based I-485 in the works. Doesn't your wife have an I-485 pending? If she does, why not get her an AP as well?

sri0202 said:
I am planning to send my wife only to Chennai Consulate for her H4 visa(second time stamping). I am not going for my H1 stamp because of delays in stamping, I am using AP to return.
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She has AP. But her AP was approved when she is outside the country. As per USCIS rules.. we can not use AP. that is why she is going for H4 stamping.

If I use AP to reenter..then I don't think my H1 status will be invalid.. I think Imy status becomes 'Parole' not H1B.

"Do you know Can we apply Advance Parole when beneficiary is outside the country."...
 
I am not 100% sure, but I believe there is a memo out there which addresses this particular issue. I believe (and I may be wrong) that an applicant's H-1B status remains intact if the applicant returns on an AP document and continues to be employed by the H-1B sponsor. Don't take my word for it though, consult an expert.

sri0202 said:
If I use AP to reenter..then I don't think my H1 status will be invalid.. I think Imy status becomes 'Parole' not H1B.
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