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Marriage during I-485
- Thread starter RajanJohn
- Start date
Raj, You can bring your wife into the country as long as your 485 application is pending with INS and not approved yet. Once approved you can not bring her in. You can file for her adjustment of status once she comes in. Also be aware that you need to maintain your H1 status till she comes in which means you can not be working pursuant to EAD. Hope this helps.
You no longer are on H1 since you entered using AP.
KS
KS
Originally posted by RAJ5
Thanks cinci2002 for your reply.
I have maintained my H1 status and have not used my EAD. But when I retured from India I used AP to enter US since I did not have a H1 stamp on my passport. Will I loose my H1 status because I used AP.
I agree with Siva. Raj, I do not think you are still in valid H1 status since you entered on AP. You are on parole waiting for adjustment of status and hence can not bring your wife on H4. You need to bring her on some other visa like H1 or F1 or file adjustement of status, Family based which will take too much time. You may want to contact an attorney to get a clarification on the whole deal.. Good luck.
ImmigrationUSA
Registered Users (C)
try to help
c. The alien is entitled to apply for Advanced Parole as benefit associated with adjustment of status application. Once approved, the Advanced Parole allows the alien to travel abroad and reenter into the U.S. After being paroled in, the alien can still keep his/her H-1 or L-1 status, as the case may be, in the sense that he/she can still apply for an extension of H-1 or L-1 status, provided the alien resumes employment with the same employer for whom he/she had previously been authorized to work as an H-1 or L-1 nonimmigrant. In this scenario, the approval of that extension would enable the alien to reenter into the U.S. on H-1 or L-1 status if he/she travels abroad in the future. (INS Adjudicator's Field Manual, Chapter 23)
However, if after being paroled in, the alien changes employer that sponsored his/her original H-1 or L-1 status, he/she may no longer has valid H-1 or L-1 nonimmigrant status, even though he/she can still lawfully stay in the U.S. during the I-485 pending period. Thus, if the alien's I-485 application is denied, he/she may not be able to lawfully stay in the U.S. as nonimmigration.
Full details:http://www.hooyou.com/news/news011003h-1b.htm
good luck!
c. The alien is entitled to apply for Advanced Parole as benefit associated with adjustment of status application. Once approved, the Advanced Parole allows the alien to travel abroad and reenter into the U.S. After being paroled in, the alien can still keep his/her H-1 or L-1 status, as the case may be, in the sense that he/she can still apply for an extension of H-1 or L-1 status, provided the alien resumes employment with the same employer for whom he/she had previously been authorized to work as an H-1 or L-1 nonimmigrant. In this scenario, the approval of that extension would enable the alien to reenter into the U.S. on H-1 or L-1 status if he/she travels abroad in the future. (INS Adjudicator's Field Manual, Chapter 23)
However, if after being paroled in, the alien changes employer that sponsored his/her original H-1 or L-1 status, he/she may no longer has valid H-1 or L-1 nonimmigrant status, even though he/she can still lawfully stay in the U.S. during the I-485 pending period. Thus, if the alien's I-485 application is denied, he/she may not be able to lawfully stay in the U.S. as nonimmigration.
Full details:http://www.hooyou.com/news/news011003h-1b.htm
good luck!
Thank you cinci2002, sivajhu, & ImmigrationUSA for posting your messages.
I am going to consult with a lawyer just to be sure but I think ImmigrationUSA has the right answer. Since the link provided by ImmigrationUSA is already from a lawyer's web site, it gives me more confidence in his answer.
Even though I reentered US on AP I am still with the same company which sponsored my H1 and my green card.
I am going to consult with a lawyer just to be sure but I think ImmigrationUSA has the right answer. Since the link provided by ImmigrationUSA is already from a lawyer's web site, it gives me more confidence in his answer.
Even though I reentered US on AP I am still with the same company which sponsored my H1 and my green card.
Get your H1 stamped first with your new H1 approval notice. You can get H4 for your wife if you have a valid H1 visa on your passport. As far as I know you cannot get H4 without having a valid H1 stamp on your passport. So get that first. While coming back you can show your advance parole or H1 visa which ever has longer duration (ofcourse you have choice but I prefer which has longer duration) and your wife will be on H4.
The goodnews is, you are still with the same employer. Check with your lawyer as you might have to apply for H1 extension to revert to H1B status.
I read another post today which said that spouse's H4 petition was denied since the husband used his AP to travel. Something similar to your case, but I am not sure if the person was with the same employer.
I read another post today which said that spouse's H4 petition was denied since the husband used his AP to travel. Something similar to your case, but I am not sure if the person was with the same employer.