How to bring spouse here when in AOS stage!! Plz help!

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perdesi

Registered Users (C)
Hi All !

I am currently in AOS 485 stage. Have my I140, AP and EAD approved. I want to get married back home and I am trying to explore my options of bringing my wife to the US.

Would appreciate it if someone can tell me what kind of process to follow. Is CP the only alternative? Is it also called follow to join??

If I file for CP how long will it take for the process? will that process depend on my AOS? or will I have to change to CP myself? I am from pakistan so i am not sure if the time it takes depends on the country as well??

I would appreciate it if anyone could explain me this process and its implication on my AOS application here!

Thanks!! :)
 
My 485 has been filed and i am waiting for that approval. I was told that there might be a way to bring your spouse before your 485 gets approved. I plan to use AP for travel back to US.
 
The best option for you is to bring your wife on H4. If your approved H1B petition is still valid then you can go home and get married and then apply for H1B for you and H4 for your wife. It will take few months to get the security clearance. So, in the mean time you can come back to the states on AP. Once the embassy is ready to issue your visa, they will call you and you can go back and obtain H1B for yourself and H4 for your wife. One of my coworkers who happened to come from Bangladesh has done just that few days ago. This is the quickest way to bring your wife here.

If you don’t have H1B, then try other nonimmigrant visa. If that is not possible then go for CP. Few months after you file your I-824 you will receive information as to how to proceed. They will send you forms to fill out and after you send them back those forms, they will let you know the date when US embassy in Pakistan is ready to take your interview. You can bring your wife that way too.

Follow to join is rather lengthy and will take few years (1 1/2-3 years, I heard) to complete and so this is the least desirable option. But getting married after 485 approval is the worst available option.
 
Clearsky,
Thanks for your reply. It was my understanding that once you enter on AP then you are no longer on H1 and its not possible for you to go back to H1 status unless u get a new one issued from your company. Also once u apply for H1 in SR countries, they keep your passport with your Application and send it back by fedex once they have completed the background check. Anyone have more inforation.. Plz let me know.

Based on your answer, I gather that i will have to change to CP and cannot have my wife do CP while i continue the AOS process.... ?

Appreciate your replies.. Thanks!
 
Originally posted by guju
That is not correct Even if you re-enter on AP, and continue working for your current H1-petitioned employer and have never used an EAD card to work for anyone else, your status is still going to be H1.
Click to expand...


If you're going to post all those URLs, which ones have clear language that state that what you claim is correct?

One of the shusterman links merely says that if you have an H-1, you do not need AP to re-enter the US. It doesn't say (at least that I can find) that you can re-enter with AP and continue working for the H-1 employer.

As I understand it, AP is like a visa stamp. It gives you the right to re-enter as a parolee, but nothing more.

Question: If I have a valid B-2 visa stamp and an expired H-1 visa stamp in my passport, can I use the B-2 stamp to enter and then continue working for my H-1 employer? If not, why is AP any different?
 
Originally posted by guju
Even if you re-enter on AP, and continue working for your current H1-petitioned employer and have never used an EAD card to work for anyone else, your status is still going to be H1.
Click to expand...


Looking at one of the memos (going back to 1997!) it appears to say that if you have an H-1 and re-enter on AP, you do not need an EAD to work for the H-1 employer.

However, it doesn't say that you will be in H-1 status. You need to be careful here.
 
Hi Clearsky,

can you please ask your Bangladeshi friend whether I could contact him directly. Then in that case can you please give me his phone number. Please email me at

iitrahat@hotmail.com

Thanks a lot.

muntasir
 
RealCanadian,
If you read carefully the contents of this link:

http://www.murthy.com/UDnewins.html

You will see that one of the points, and I quote,
"- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval. "

and another point

"- An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired."

CLEARLY they indicate that your status is still H1. Furthur more, I had talked to my Lawyer regarding this and he also told me that he is sure that my status will be H1, even if I re-entered on AP.
 
Originally posted by guju
"- An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired."
CLEARLY they indicate that your status is still H1. Furthur more, I had talked to my Lawyer regarding this and he also told me that he is sure that my status will be H1, even if I re-entered on AP. [/B]
Click to expand...

That says nothing of the sort. It merely states that if you enter with AP, you can leave and then re-enter if your H-1 or L-1 has not expired. If your status was already H-1 or L-1, why would you need to "depart and return", as the page says?

The first link, BTW, seems to indicate the same as what I said in my second post. It is not considered unauthorized employment if you use AP but keep working for your L-1/H-1 sponsor.

However, that's not the same as saying you are in H/L status. That's an important distinction.
 
Lawyer Recs??

Thanks for your reply RealCanadian!

So by that same argument, would your wife be able to enter on H4 and you on AP or does she become illegal if u use AP?

Is there anyway that i can continue my AOS here and she applies for CP ? I would appreciate it if you can email me referals for good lawyers who are familiar with these matters. My company is not going to pay for spouses immigration so i want to find someone else.


Thanks
 
Re: Lawyer Recs??

Originally posted by perdesi
So by that same argument, would your wife be able to enter on H4 and you on AP or does she become illegal if u use AP?
Click to expand...

If you have time remaining on your H-1 approval, then I would strongly recommend you enter on an H-1, and get an H-4 for your spouse at the consulate. Once she is in the country you can file AOS for her. I think all that would be involved is a trip to your home country and a consular interview. I don't think you can even begin the CP process for your spouse until your AOS is approved.

If it's a Special Registration country, there *may* be complications. (I'm not all that familiar with SR or passport visa procedures in general, to be honest.) Perhpas you might be able to take advantage of the automatic visa revalidation via the DOS in St. Louis. Does anyone know if people from the SR countries can take advantage of this?
 
Hi realcanadian and others...

Could you then look at my situation..

I entered the US on AP in Jan....I had an H1 pending application which came thru in mid January with I-94 attached at the bottom. Since I was working with the same employer I was told by the an attorney that I am still on H1 status since I did not use my EAD. I guess merely using AP does not make you an EAD candidate specilly if u are working with the same employer and have not used EAD. The memo i know is not very clear but in my case am I still on H1 since I got an approved H1 in the mail after I entered on AP.

I am planning to travel next mth ... go to india and get this H1 stamped on my passport and later come on H1 visa.. IS that fine ?

My 2nd question is : since I have an extended H1 with me do I need AP ?

Thanks a lot...
 
muntasir

Sorry for this late reply. That person is not really my friend. After he came back to the US, he told me that he got married and came back on parole. He also told me that he and his wife went for interview at the US embassy in Dhaka and they (embassy) told them that their visas would be ready once security clearance is received. Few weeks ago I heard from people who were close to him that he went back to Bangladesh to bring his wife. I have seen him many times since he got back with his wife but he never mentioned to me that his wife was here. So, I really cannot give you his phone number or email mainly because I don’t have them. And more importantly he never told me anything about his wife coming to the US. I heard it from third party. But there is no doubt that his wife is here and he came back on parole the first time. His lawyer must have advised him in this regard. I would suggest that you check with your lawyer in this regard.
 
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