Issues related to AP

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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.
 
Hi,
If he is travelling on H1B (means when he enters US , he shows his H1B), then he maintains his status and can apply for H4. If at the port of entry he uses Advance Payroll, then he looses his H1B and is on Adjustment of Status. Please ask your lawyer. I am giving you this information from what I have heard from a friend. Contact Lawyer and clarify.
 
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