Jim ,Jaxen Please advice

W

worriedguy

Registered Users (C)
I got my H1 ext approved from texas on first week of last month , but Have recieved my approval notice yet from INS.I had been to India recently and got married while there.I came back to US using my advance parole since I have applied for 485.
My concern is Do u think this will have any impact on getting h4 for my wife ?.I have seen ppl getting H4 for spouse visa even after entering on AP.Do I have to take any other step to ensure that my H1 status is maintained ?.
My attorney has courtesy copy of my H1 approval.Is it enough to get H4 for my wife or do I need orginal approval notice for h4 ?.
Also why is texas service taking so much time to send my papers ?.
Please let me know. I am really worried.

Thanks.
 
U need to revert back to H1

Do your H1 revalidation thru St.Louis and then using the recent stamp , I797 approval and all other required documents, apply for H4.
If you are planning to go to home country to bring wife, you can also get the H1 stamp along with H4. Some consulates insist on a valid H1 stamp before issuing a H4.
About TSC: even Pres. Bush cannot answer that Question.
 
Nope

I made some research myself and this is what I was able to find out

"The first is that entering by Advance Parole only means that his H visa status will no longer be valid, this status is the one given by the colored stamping in the passport, this status is one that is only for travel purposes. For all future travel, he will have to extend his Advance parole and will be unable to have his H visa stamped in his passport for travel. As for his H working authorization status, this is set by the I-94. When he receives the new I-94 from the INS, this will be what he uses to show his authorization to work and stay in the US. Now as for bringing wife on H4, if this is her first time, then she must have his new I-94 to be able to get her new H4."

What do u say ?.
 
Wrong...

You can go back to H1 after using AP as long as you are with your sponsoring employer.
Some consulates have denied H4 because of non existing current H1 stamp.
Theoritically lot of things are possible. gotto see what works and how all those theories are intrepreted by DOS and INS.
 
Not really

I dont think any consulate can deny H4 for not having Visa stamp.It is I-94 that is required to get H4 Visa and not H1 Visa stamp in passport.
 
jaxen what u have to say abt this ?

gime gc seems to be very sure.Is there a possiblity of H4 getting rejected if no H1 stamp in passport? Do u know any such case ?
what if it does happen ?.Can I get H1 stamp in passport and send for H4 again immedeiately ?.

Please let me know
 
U can reapply h4 after meeting h1 stamp condition if required

Most of my "research" is based on experience. Subject closed.
 
Subject Closed ?

What do u mean ?. How can U close the subject ?.
If any one else has more feedback please do so ....
I appreciate u\'r respone very much
 
H4 Issues in Mumbai

Hi,
Any updates on this issue. I am in similar condition ? Is it possible to obtain H4 if the H1 Stamp is not current but with original extension approval notice ? Please reply.
Thanks
 
Mumbai, India Consulate

Do thay insist STAMP should be current in Bombay ? Or expired stamp with original extension notice for the same employer would suffice ?
Please reply.
Thanks
 
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