H4 visa for spouse after use of AP and having valid H1 visa

[Hawk74]

Hi,
Could somebody please let me know your advice/suggestion in my case?

I entered US on Advance Parole after marriage. then i went to canada to get H1 visa stamping. I got the H1 visa stamping. While returning at the border they did not give me new I94 with the new H1 visa. I still have my old I94 that i got by using AP and this is still valid.

So I have a valid H1B visa valid till end of next year. And Now I want to bring my wife on H4.

1. Can she apply for her H4 in india with my new H1 visa?

2. Should i go out of US and enter on H1 to get back to H1 status? Can my wife go to US consulate in India to get her H4 because i have valid H1 in my passport? Rightnow my I94 is thru AP and I am in US.

Any help or insight is greatly appreciated.

Jaxen, I would appreciate if you could give me your view on this case.

Thanks in advance

Hawk74

Note:
ND for GC 12/10/01.
EAC0206155***

 

[tt tt]

My take on it..

1) You entered on AP , so your status was parolee.
2) you went to canada got a visa, got it..ideally you had to submit your previous I-94 on the way into canada, on the way back pay $6 and get a new I-94 for the new H1 visa. But the officers on the canadian border see the H1 approval notice I-94 and treat it like a new I-94. I belive you latest status now is H1, if your H1 I-94 was approved AFTER you entered the USA as a parolee, otherwise you are still a parolee/even though you could argue successfully that you entered as H1 from canada...you have the stamp to prove it.
If your wife is still in India, she can use your approval notice for H1 and use that to get a H4 visa. If you want to be absolutely certain..go to canada..on the way out submit your AP I-94 to the candadian officer and on the way back show your H1 and get a new H1 status I-94....but I dont think it is needed.
My lawyer had treated my multiple visits to canada , with no immigration stamps on passport or new I-94, as if they did not happen...while applying for the I-485.
check the website of Jose Latour for more on this AP/H1 'dance' as he calls it.

 

[jaxen]

Go to the nearest POE and get a new I94. Your AP I94 has a conflict with your status. This is an easy thing to fix.

Your spouse can confidently apply for H4 wih your approval and visa. I94 is generally not needed.

 

[visri5]

pls respond

dear hawk,

i am in similar situation. i got my PP stamped with h1 but POE let me only on AP and stapmed I-94 as AP.
My wife applied for H4 in madras and will enter USA in Feb 2004.
i am worried if she will have problems at POE. Can you please let me know how you handled your case ?

Thanks,

Sri