How to bring my wife to US if I entered using AP? (Changing status from AOS to H1?).

Paid consultation

Hi Guys,

I am sure many of us here are confused about using AP and then getting back to H1 status. Well, I have take paid consultation with Shiela Murthy of Murthy.com on this particular topic. I wanted to know who is willing to share the consultation fees with me as its 200$ bucks for telephonic consultation but I am sure its worth the tensions we all are going thru. We will get the right answers rather than browsing thru a large no of forums and confusing ourselves and later taking a step which might affect us life long if we plan to be here on GC...

Let me know who all are willing to split this fees with me..The more people are there lesser the fees.... We will have all our answers from the right person who is very immiment authority on Immigration issues like Mr Khanna.

Pls let me know if intrested by emailing me at laserkid_98@yahoo.com

Thanks guys.

Rahul
 
Re: Paid consultation

Originally posted by Rahul_need_help

I wanted to know who is willing to share the consultation fees with me as its 200$ bucks for telephonic consultation but I am sure its worth the tensions we all are going thru. We will get the right answers rather than browsing thru a large no of forums and confusing ourselves and later taking a step which might affect us life long if we plan to be here on GC...
Click to expand...
I don't think so. I've sent her an e-mail and she replied that the answer may be different from one case to another depending on very small and peculiar details. Consultation should be individual for each case. Then if you go to the court in future your attorney will know exactly how to defend you. In these terms a group consultation doesn't mean anything.
On the other hand if you send an oficial letter signed by the group of people to BCIS asking to give an explanation on this issue, you may use a response from BCIS then to defend yourself.
Tell me if I'm wrong or missing something here.
 
Paid Consultation has been done

Just to save you some money.. One of my elderly brother, also a faculty at a school where I have done my undergraduate have went back home and got married and applied for H1/H4 along with his wife. As he is from those SR countries Consulate did not give them Visa right away, but approved the VISA. His wife was also approved for H4, but asked to come with husband when his security clearance is done. The guy waited one month. Then he discussed with his lawyer who practice in Okolohama. Lawyer told him that you could come on AP, and wife would still be eligible for H4. As semester began and he has to teach at school, he returned to US using his AP.


Two and half months later he got the security clearance and got a call from Embassy to get the VISA stamp in his passport along with his wife.

He then callled me and ask for my openion whether should he go back to get the visa, or just he should send his wife to get visa while he is in USA. I asked him that as far as I knew you wont be eligible for H1 visa, so neither your wife. He then decided to consult with Ms. Murthy by paying her consultation fee. Ms. murthy told him that you still have H1B if you keep continue for the same employer who sponsored your H1B. Therefore, your wife should get VISA.

He became happy and sent his wife to get her Visa. Official at the consulate ask his wife aboiut her husband. She honestly mentioned that her husband entered USA using AP. Official then told his wife to come back for immigrant visa in future days. They denied her saying you are not eligible for H4 anymore.

The guys got his GC. His I-824 is pending which is required for folow to join. Everytime I talk to him he swear on attorney who provided him information which did not really come true. He always say that he could have wait back home 2 more months taking the semester off and could come with his wife together as faculty job is very flexible. But he did not do so as the way he got assurance from his lawyer.


My two other friends have the same sort of history.

I have provided here some information to the best of my knowledge. Dont quote me on those as the way I brought some third party here like Ms. Murthy and my friend. I also mentioned my friend talked to Ms. Murthy, I did not.

Good Luck.. Guys...
 
sd1975

How did you apply for I-824 before your GC got approved? I am considering doing that and would like to know what you entered in the field "Date Approved?" Also, for the Date of Filing, did you use ND or RD of I-485? I'd appreciate your feedback.

Thanks


Originally posted by sd1975
Thank you guys for all your advices. Actually I have already filed I824 for my wife. That means that if my grean card gets approved they are gonna send this approval to the consulate and I'll be able to start consular process for my wife. The problem is that I don't know how long it will take to get my GC approval. You know what is going on in CSC. It may be year, or three, or five - nobody knows. I can't live here for indefinite period of time without my wife.
So I think, that in this situation it would be better to get an approval for my H1. Go back. Get visa for my wife and myself and return using this visa and bring my wife. Start adjustment of status for my wife. Do you think this scenario will work?
Anyway I'm gonna do this not earlier than september. So if I see a good progress in GC processing by that time I can drop this plan and stick with a consular processing.
One more question: do I need a special approval from INS for H4?

Thank you.
Click to expand...
 
Guys,

After reading all the comments on this, I found out that I might have an option with my current situation. I NEED YOUR ADVISE. Her is my case, I applied for EAD, AP and I-485 on12/18/03 and I just got my EAD approved and I am still waiting for my AP. I have to travel back to my country becasue of family emergency and I don't think that I will be receieving AP soon, I sent them a letter explaining why I need to travel but no respone, I tried to get the AP myself but I can't do that in Chicago. MY h-1 b Expires 5/31/03 and that would be the end of the sixth years. MY QUESTION IS can I apply for an extension of H1-B and get the Visa to come back from my country when I go their. I really have to travel and this could be my only option. Thanks
 
Guys,

After reading all the comments on this, I found out that I might have an option with my current situation. I NEED YOUR ADVISE. Her is my case, I applied for EAD, AP and I-485 on12/18/03 and I just got my EAD approved and I am still waiting for my AP. I have to travel back to my country becasue of family emergency and I don't think that I will be receieving AP soon, I sent them a letter explaining why I need to travel but no respone, I tried to get the AP myself but I can't do that in Chicago. MY h-1 b Expires 5/31/03 and that would be the end of the sixth years. MY QUESTION IS can I apply for an extension of H1-B and get the Visa to come back from my country when I go their. I really have to travel and this could be my only option. Thanks
 
Yes u can do H1 extn

Hi,

Yes u can file for an H1 extn without any issues. Go for a premium processing so that u can getit in 10 days and you can use that to travel. Once in India go to the consulate and get a new Visa stamped...i dont think there are any issues here

Take care

Nice guy
 
Hi Guys,

Iam on H1B since 7years, After approval of my I-140, got 3years of H1B extension.Recently I got married and while combing back from India I have entered USA using AP.I never used my EAD and working on H1 only. Can H-4 visa will be issued on my parolee status.

Thanks in advance
 
Last edited by a moderator:
bring spouse to US...after marriage on EAD

I am working on EAD.
My H1B got expired long ago.
My labor date is dec 2002.
Now I am planning to marry.
What procedures do I need to follow to bring my wife after marriage with out obstacles?
 
Nice_guy73 said:
Hi guys,

My situation is exactly same..here is my case:

My 485 filing was done in Dec 2001 and I have been working on H1 from day one with my employer. My company had applied for my H1 extesnion which was expiring in Oct 2002. Last year I had to rush to India for personal reasons in Sept 02 & since I did not have an H1 while coming back I used my AP (Advance Parole). When I cam back in Jan 03, I saw H1 extension in my mail. Since I was working with same employer I did not use my EAD. I am now planning to switch to a new employer since my present companys situation is bad & they have also advised to me to look for a new job. They have promised that they will continue my GC process.

Now my question is Can I transfer my H1 to another employer
--------------------------YES
or
do I need to work on EAD since I used my AP.
----------- when you came back on AP then you were working with SAME employer who filed your H1 extension. you can file H1 transfer and join once H1 petition reach USCIS or you get H1 transfer filing reciept

I know I can easily work on EAD and avoid all the hassels but the reason I dont want to do that is :
I am still single and the moment I work on EAD I cannot bring my spouse on H4. So can I transfer my H1 to a new company after using my AP or WILL i need to work on EAD only..?
---------- you can join new employer with H1 transfer
Is there a way to bring my spouse if I work on EAD otherwise.
-------- if you use EAD you will not be on H1 status better remain on H1 status
thanks
Click to expand...

---- FYI I am going to post link to all Memo of H1 and AP in next post in this thread and then take the printout and read
 
gc_hopefully said:
My attorney advised me that I can use my H-1B as long as I keep working for the same employer after entering with AP.

------------------your lawyer is correct and you can remain on H1 and can also file H1 extensions
After reading this thread though I am very confused....not sure what to do because I don't want to goto us consulate to stamp my H-1B as they are rejecting lot of H-1B 's ...

i heard a rumor and I don't want to take any chances
Click to expand...

Dont go by rumor ,If your company did not violated H1 rules/regulations and you did not submit any fake documents for H1 then why do you have fear of H1 rejection? Many are getting H1 visa stamps without problems.
 
H1, AP
http://www.murthy.com/chatlogs/chat0816.html
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
**@ Murthy Law office
 
ginnu said:
H1, AP
http://www.murthy.com/chatlogs/chat0816.html
Click to expand...

Your web search may have brought you to this default page because the page you requested has been either deleted or moved through improvements to this WebSite.

ginnu said:
http://www.shusterman.com/h1memo500.html
Click to expand...

The webpage cannot be found


==============================

Here is my story:
My first 3 years of H1B expired on Jan 1, 2004. But, because I filed I-140&I-485 on Aug 25, 2003, I didn't extend my H1 status.
I got married (used AP to go in my country and marry there), and since my I-485 is stuck with security checks, I filed petition to recapture my H1B status on Dec 2006. Recently this petition was approved.
They didn't give me new I-94, so I should go and recieve H1 visa in my homecountry.
I didn't recieve an H1 visa in a first place (I lived with I-94 they gave me upon first approval of the H1 and didn't leave US for 3 years)
So, will there be any problems in the consulate?
 
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