Issues related to Advance Parole

S

sowmya_rs

New Member
I am going to get married to a guy who is currently under H1B visa status. He has applied for Green Card and had submitted his I485 application form during August 2003. Now he has come to India on Advance Parole. All I need to know is even after using Advance Parole (and using EAD to rework in United States) can he still use H1B to sponsor H4 visa for me or once Parole is used, H1B status becomes deactivated? In such case, on what grounds can he sponsor H4 visa? Please advise the possibilities for him to take me to the Unites States immediately after the wedding.


Your immediate response will be highly appreciated.

Thank You.
 
No way he can sponsor you right now

Hi Sowmya,

With a pending I-485 and using the protability clause (EAD) to work for another employer automatically revokes his H1B VISA. So, he cannot sponsor you for H4 at all. he has to wait till he gets his green card and then sponsor you which will take a very long time. After getting a green card, if he sponsors you, currently the processing time is 5 years. So, you are looking at number of years to get green card (which is delayed due to retrogression) plus 5 years (this is current figure).

However, there is one clause where he can try. he can apply for your advance parole but then he has to file for a I-485 for you which he can do after your marriage. After filing for I-485, he can file for I-131 for you for reentry purpose only. But chances of getting this approved are remote. You should check with an immigration lawyer before going this route.

I hope this helps. If any further questions, email me.

Thanks

Sunny :)

sowmya_rs said:
I am going to get married to a guy who is currently under H1B visa status. He has applied for Green Card and had submitted his I485 application form during August 2003. Now he has come to India on Advance Parole. All I need to know is even after using Advance Parole (and using EAD to rework in United States) can he still use H1B to sponsor H4 visa for me or once Parole is used, H1B status becomes deactivated? In such case, on what grounds can he sponsor H4 visa? Please advise the possibilities for him to take me to the Unites States immediately after the wedding.


Your immediate response will be highly appreciated.

Thank You.
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