HELP- Non Immg. Question.

G

glb

Registered Users (C)
Dear Freinds,

I am extremely sorry for asking this question in this forum. I needed a quicker response and advice from you folks.

I have applied for Advance Parole renewal and still waiting for approval.

Question: I have to travel to Canada to pickup my PR card before 30th Dec 2004. I am having a valid H1 visa stamped on my passport until 29 Feb 2004.

Is it OK to travel to Canada on H1 as my AP is still waiting for approval? Please advice.

My spouse has H4 visa stamped on the passport but DONOT have H4 document. Will it be safe for her to travel without AP and H4 document.

I am worried about any problems at border while coming back.

Any help will be much appreciated.

Thanks in advance.

glb.

RD: 08/29/2002
ND: 09/14/2002
FP: 10/28/2002
 
Why do you say this is not a immg question??

Are you still working on H1 or changed to EAD? Because, if you are still working on H1 and you have valid visa and I-94 till Feb,04 then I don't think they would be problems. If you have changed to EAD then that could cause a problem.

Check with your lawyer.

WIN
 
Thanks for your reply.

I haven't used my EAD yet. Last time I enetered US on H1, so I am assuming I am still on H1 status.

What about my wife? She does not have H4 doument but a valid visa on her passport. She is working on EAD. What do you suggest ?

Thanks,

glb
 
As far as I know,

Visa on a passport is valid till the person still works with the same employer who had applied for it. The moment one uses EAD or changes employer, visa becomes invalid.

With that understanding, if your wife has used EAD then she needs an approved AP for trevelling.

If you are the primary applicant then your visa status will affect your wife's visa status and not vice-versa. Which means if you change to EAD then you wife's H4 visa becomes invalid but if she starts to work on EAD that will not invalidate your H1 status.

Again this is my understanding, these things are so complecated, please check with your lawyer before making any decision.

WIN
 
whats_in_name is correct,

you can travel on H1, but your wife cannot travel without AP, as she lost her H4 status.
 
Thanks whats_in_name.

I will talk to my attorney but I have already made my mind. I will not take any chances atleast with my wife's travel.

Thanks for your sincere advise.

glb.
 
Another Question

I have a related question (not an answer).
Does stamping of Candian PR have any bearing on US GC process?
I also have reached the satge that I have to get my passport stamped. The GC is pending here.
Thanks a lot guys,
 
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