H4 visa and H1b advance parole situation

R

ROHIT666

New Member
I'm on H-1B but have approved advanced parole/travel document so i'm planning to use it to travel instead of going to H-1b visa and i haven't travelled back to USA yet. I recently got married and my wife went to H-4 visa and the US consulate is asking for my valid H-1b visa copy. They were asking my wife during intreview that how i'm going to travel back to USA ? even after she showed Approved I-131/AP/Travel document. Did any one face such situation and how can i respond to us consulate on this matter and make them understand?

Currently, im back in US using my travel document, so can i shared my latest I-94 and parole stamp with my wife for her H-4 visa?

Please assist if anyone is in similar situation.

Thanks
 
Your wife cannot enter into H4 status unless you are entering into H1b status or you are already in the US in H1b status. And she does not have AP since she did not file I-485 since she was not in the US. So the only way for her to enter the US is on H4 visa, which requires you to enter on H1b visa.
 
@ROHIT666
If you have valid h-1b stamped in your passport, then step out of US re-enter thru Canada or Mexico on h-1b status.

if you do not have h-1b stamped in your passport, then I believe you should get it stamped visiting any US consulate.

This can be possible if your h-1b & i-140 petitioner is same.
 
@newacct There is a USCIS memo that states- i can maintain H-1b status in USA while i can use my advance parole/Travel document to travel. I'm maintaining my H-1B status in USA, and i have valid I-797 till 2025. However, i don't have latest H-1B visa stamp and my old h-1b visa expired in November 22.

@whitemimauz3
I don't have valid h-1b stamped in my passport. I do have a valid I-797 till November 2025.

Is my only option to go for h-1b visa stamping in india and then suggest my wife to go to h-4 visa?
 
ROHIT666 said:
@newacct There is a USCIS memo that states- i can maintain H-1b status in USA while i can use my advance parole/Travel document to travel. I'm maintaining my H-1B status in USA, and i have valid I-797 till 2025. However, i don't have latest H-1B visa stamp and my old h-1b visa expired in November 22.
Click to expand...
No there isn't. Status is something you only have while in the US. If you leave the US, you no longer have H1b status. The status you get upon returning to the US depends on the visa you use. If you enter on an H1b visa, you are admitted into H1b status. If you enter on Advance Parole, you are paroled, so you would be in Parolee "status". There is a memo that states that you can continue to work on the work authorization of your previous H1b if you are paroled on Advance Parole. That doesn't mean you have H1b status.
 
@newacct Thank you. One final question. I'm trying to avoid another long travel and spend 2-3 weeks for visa processing.
Do you think i can try "Margarita Switch" for re-entry ?

I believe one can re-enter USA on AP and then immediately cross Canada/Mexico border and switch their I-94 to H1B based on approved I-797 document. Is this correct?

I understand that when one re-enters into USA using AP, they are technically a parolee and are able to file for H1B extension. But can one change from Parolee to H1B by the method above?
 
ROHIT666 said:
I believe one can re-enter USA on AP and then immediately cross Canada/Mexico border and switch their I-94 to H1B based on approved I-797 document. Is this correct?
Click to expand...
Unless you are a Canadian citizen, you would need a valid H1b visa to be admitted into H1b status at the border.
 
@ROHIT666
Schedule h-1b & h4 appointment at Indian US consulate both of you get visa stamped. After you enter US, if your priority date is current file I-485 for your wife
 
You must log in or register to reply here.
Top