Main applicant is Parole with valid H1 ,Spouse wants H4 stamp

S

sri0202

Registered Users (C)
I entered US on AP. but my wife is still in India.she traveled before her AP is approved and She does not have valid stamp also.

Now Can she attend the Consulate for stamping in India based on my valid H1. She has valid h4 also.

Thanks,
Sri
 
sri0202 said:
I entered US on AP. but my wife is still in India.she traveled before her AP is approved and She does not have valid stamp also.

Now Can she attend the Consulate for stamping in India based on my valid H1. She has valid h4 also.

Thanks,
Sri
Click to expand...

Yes she can
 
Well it's not that simple. Having a valid visa in your passport is separate of what your actual status is. Your status is whatever you were stamped in as when you enter the US (or whatever you change your status to while in the US through USCIS). Your status right now is a parolee, not H-1B, so even if your dependents were to enter the US on H-4 visas, they would be out of status themselves, since H-4 dependent status is ... err .... dependent on the principal (you) maintaining H-1B status.

On the other hand, there is a slight grey area for H holders like you. The Cronin memo states that, under certain condition, you are eligible to file for an extension of your H-1b status, which will terminate your parolee status and reinstate you as H-1B. You may wish to consider this ASAP.

Alternatively - if you do happen to have a valid H stamp in your passport (which I'm not sure you do or else you would have used it to enter), you could cross over to Canada for an hour and return on your H visa - problem solved.
 
Can you revalidate H1 visa after being in parolee status

JK0274:
If one has an approved H1 extension petition say upto 2010, but no H1 visa stamp and is currently in parolee status. Can you revalidate and get a H1 visa stamp , the next time you get out of country?
 
manwithnoname said:
In your case there is a risk involved ... please read this thread that dicusses a similar situation.
Click to expand...

The lawyer in that thread wrote:
If you travel on your H-1B visa (not AP), you potentially jeopardize your pending I-485 application because you are traveling on an H-1B visa after having traveled on advance parole. In this specific scenario, there is a potential that the CIS will deny the I-485 stating that you abandoned the application by traveling on the H-1B.

This makes absolutely no sense to me. Does it make sense to you given the Cronin Memo? Since when does traveling on a H visa constitute abandonment of I-485? Even if a previous travel was on AP?
 
AD-NY02 said:
JK0274:
If one has an approved H1 extension petition say upto 2010, but no H1 visa stamp and is currently in parolee status. Can you revalidate and get a H1 visa stamp , the next time you get out of country?
Click to expand...

Did you file this extension before or after you entered the US as a parolee? If after you entered as a parolee, you are no longer in parolee status but in H status. If you got the extension before, and then traveled and came back as a parolee, I still don't see a problem obtaining an H visa abroad (provided of course you're still working for the sponsor) even though there appears to be a potential problem as the nameless man pointed out above.
 
jk0274 said:
Did you file this extension before or after you entered the US as a parolee? If after you entered as a parolee, you are no longer in parolee status but in H status.
Click to expand...

That's true, but it doesn't preclude an employer for filing an H petition on his behalf.

Personally, I think the attorney that was quoted above has no idea what's he talking about. Not like that has every happened before.
 
I think I don't need to go back to H status to get H4 stamp for my wife.

First time when I go for stamping. Consulate people they don't check whether you are H or Parolee status. They just care H1B approved petition. Based on that spouce gets the H4 stamp and primary gets H1B stamp.

Now also I am in same situation. there should't be any problem..!

Second opinions..please.

Thanks,
Sri
 
Well, they may indeed receive the visa stamp, but legally, if they are in the US on H-4 visas and the primary person (you) falls out of H-1B status, the dependents also fall out of status. They could - could - get into problems at the port of entry if the immigration officer checks to see if you are in valid H status if indeed there is such a way to check. But this is speculative, you won't know until you try.
 
If the H status is still valid, and the person is still working wit the H sponsor (whether the person entered back as parolee or with the H stamp, working with EAD or not) the H4 dependents still can get the H stamp from overseas consulate. Even if the principal want to go back to H if he used EAD, he can still go back and get another H stamp to return back to continue on H. The officers at the port of entry care of the expiration date of the H and will not care if the H1 or H4 used AP or H stamp last time.
 
mmed said:
If the H status is still valid, and the person is still working wit the H sponsor (whether the person entered back as parolee or with the H stamp, working with EAD or not) the H4 dependents still can get the H stamp from overseas consulate. Even if the principal want to go back to H if he used EAD, he can still go back and get another H stamp to return back to continue on H. The officers at the port of entry care of the expiration date of the H and will not care if the H1 or H4 used AP or H stamp last time.
Click to expand...

But the whole problem here is that his H status is currently not valid. You may be missing the point of the discussion. In a nutshell, sri0202 is in the US as a parolee (although he is eligible to renew his H status per the Cronin memorandum, but right now he is not in H status). His family members want to enter on H-4 visas - can they or not? They have APs that were only approved after they left the US, which means they can't use these APs to reenter.
 
Ok. Some H1 holders get their GC months or years before their derivatives (H4), to the extent that sometimes the H4 will be overseas without AP and the principal GC approved. Theoritically once he get GC, he will not be H1 anymore and dependents will not be H4 anymore. It is not working like that, even in that scenario the dependents can enter back with the H stamp. If we go back to the the OP who is now parolee and not H1 anymore, still his dependends can get H stamp from consulate overseas if the expiration date of the H1 (which supposed to be toasted now by the parolee status) is still not expired.
 
mmed said:
Theoritically once he get GC, he will not be H1 anymore and dependents will not be H4 anymore. It is not working like that, even in that scenario the dependents can enter back with the H stamp.
Click to expand...

That's questionable if not outright wrong. There is indeed a possibility that they may get their H-4 stamps at a consulate abroad, but the whole problem here is that they are ineligible for H-4 status once in the US. If the immigration officer at the port of entry realizes this, they will be denied entry. If they are still admitted due to IO error, they will face problems later due to being out-of-status, which in your scenario they definitely will be. See here and here for other examples.

mmed said:
If we go back to the the OP who is now parolee and not H1 anymore, still his dependends can get H stamp from consulate overseas if the expiration date of the H1 (which supposed to be toasted now by the parolee status) is still not expired.
Click to expand...

Yes, they might be able to get visa stamps- except on their visa applications (DS-126) they are asked whether any of their dependents are in the US and what their status is, which consequently might ruin their chances of getting the visas if they reply that the OP is a 'parolee' (and may be accused of fraud if they state anything else).
 
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Right now my sttau on I-94 is Parolee. In this case. Am I qualify for contiguous territory rule.??

Let me know..

Thanks,
Sri
 
One of the conditions of Automatic Visa Revalidation is:

Has maintained and intends to resume nonimmigrant status

Therefore, you probably don't qualify.
 
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