H4 visa stamping

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I am on H1 through Company "A" ( Valid until Dec 2004). Another company, "B", is processing my greencard case. We filed I-485 through Company B and got our EAD /Advanced Parole.

My wife is on H4 status and needs to travel to India badly. Her visa stamp has expired. She wants to maintain her H4 status and does not want to use the Advanced Parole.

Is it safe to apply for H4 visa stamping in Chennai,India? We need to mention about our approved I-140 petition. Since H4 is a dual-intent visa, are we ok?

Also, my wife worked for sometime using her EAD. Does it mean that she has lost her H4 status?

Dear friends, please help us make up our minds.
 
Hi
I have another question.My wife got an employment offer.She did not join that offer.That is no paystubs were generated.If she does not join that company..it means she has not accepted the offer?So is her H4 status still there or has it been revoked?.
Please clarify
Bye
 
I am on H1 through Company "A" ( Valid until Dec 2004). Another company, "B", is processing my greencard case. We filed I-485 through Company B and got our EAD /Advanced Parole.

My wife is on H4 status and needs to travel to India badly. Her visa stamp has expired. She wants to maintain her H4 status and does not want to use the Advanced Parole.
----- If you are maintain H1 status, she can get H4 Visa stamped in her passport till the approval date of your H1 and can enter on H4 visa and can maintain her H4 status
Is it safe to apply for H4 visa stamping in Chennai,India? We need to mention about our approved I-140 petition. Since H4 is a dual-intent visa, are we ok?
---Yes it is safe, I-140 was only field for YOU by your employer NOT for your wife, one has to fill up the form and write if I-140 was filed or not
Also, my wife worked for sometime using her EAD. Does it mean that she has lost her H4 status?
----- if she worked on EAD and currently not working then she can get H4 and can enter with H4 visa and new I-94 that state her H4 status
I have another question. My wife got an employment offer. She did not join that offer. That is no pay stubs were generated. If she does not join that company. it means she has not accepted the offer?
So is her H4 status still there or has it been revoked?.
----She has H4 status as she did not wok and not filled up form I-9 with employer and no Pay stub generated if she received cash she has H4 status. Receiving EAD does not cancel H4 status, only if she received pay stubs and form I-9 was filed with employer then her status changes from H4.
Even if she worked with EAD and received pay stubs then also she can get H4 Visa and can enter on H4 status.

Please also read:
http://www.shusterman.com.com/h1memo500.html

http://www.shusterman.com/hl-99regs.html
 
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Thank you very much for the clarification.

We decided that she will apply for H4 visa in Madras based on my H1 status.
 
Hi,
Thanks for your reply.I have another question.If I fill I-9 but I did not work at that place that is no paystub were generated.Does that mean I lost my H4 status.
Thanks
 
Thanks for the reply.You said that If I have worked also even then if I go to India I can get my H4 visa stamped.Can I revalidate my Visa in India even though I have worked or should I apply for a new H4 visa.My question is....Is applying for a new H4 any different from revalidating the visa in India?
Thanks for all your help.
Regards,
Veena
 
You said that If I have worked also even then if I go to India I can get my H4 visa stamped.
--- YES
Can I revalidate my Visa in India even though I have worked or should I apply for a new H4 visa?
You have to apply for new H4 visa sticker in your passport with your Spouse papers if he is still maintaining H1b status. Revalidation of H, L,O, P Visa is done by department of state in US
. My question is....Is applying for a new H4 any different from revalidating the visa in India?
-- It is not different
 
Thanks Ginnu.
I heard that If I come back on Advance Parole they will stamp my visa saying paroled till ...the date my parole is valid.My Parole expires by the end of this year.If we do not receive the green card by then...should I leave the country?
Also,I started working ,so H4 is not valid and I'm on AOS.Till what time can I stay in this country?As my Advance Parole is valid only till the end of this year,should I leave the country at the end of this year?
Thanks
 
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Thanks Ginnu.
I heard that If I come back on Advance Parole they will stamp my visa saying paroled till ...the date my parole is valid.
-- YES they will stamp your AP copy as Paroled till ( normally for 1 year)

My Parole expires by the end of this year.If we do not receive the green card by then...should I leave the country?
----- you have to leave with AP, if you feel that you may stay out of US and your AP may expire before you again enter US, then apply for AP 4 months advance of your departure and get new AP 9 one can have 2 AP no problem) you have to enter before your AP expires
Also,I started working ,so H4 is not valid and I'm on AOS.Till what time can I stay in this country?
---- you can stay in US till the final GC comes as your status is AOS pendingAs my Advance Parole is valid only till the end of this year,should I leave the country at the end of this year?

--Your AP should be valid when you enter US. If your AP expires when you are out of US then you cannot enter US and your AOS will be abounded. You have many concerns talk you lawyer and follow the instructions. I leave this thread.
 
It sometimes does get muddy...

Ok here is the simple deal.
You are on adjustment of status to GC. So until GC is approved(or denied) your status is protected by the pending I485. You dont have to leave country just because I94 or Ap has expired.

AP is used for travel, it need not be continuous, there can be a gap of x years from first AP expiry (including the expiry date stamped at POE) and the next one. But if you take even a short trip outside US when 485 is pending, make sure that you have a valid Advance Parole (not just a I94).
 
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