Need Help friends... for Spouse Visa

N

Nice_guy73

Registered Users (C)
Hi Friends,

NEED URGENT HELP....

My 485 is under process & I gave my FP on Aug 20th. My H1 expired in Oct 02 though I have filed for H1 extension in July but renewal hasnt come till now. I came to India for marriage + official
work 3 mths back, was looking for a partner & just today found the the person i am going to marry I am planning to fly on Dec 31st as I need to report for work on Jan 2nd. Since there are
hardly any days left for me to report for work I plan to go for a court marriage to safeguard my spouse future GC filing (AOS), Leave wife in India, use my AP to enter US & later come back in
March with renewed H1 and also wife with H4.

My only question to the people are:

Can I enter US with AP right now and later enter with extended H1 with wifes H4. Will INS allow me to enter with renewed H1 if my 485 wouldnt have been approved till that time. I have differnt
ideas on this issue. Some say one can still enter on AP and later renter on H1..Some say once you enter on AP you have to work on EAD.

PLS ADVISE.. I would really Appreciate guys..

Thanks A tOn

Nice guy
wac:02-077
 
I think you cannot use H1 once you have used AP, Talk to your lawyer, or call IIO

I will recommend that you wait for H1 approval and bring your wife along with you.

Good luck!!
 
You can use the H1 after you use the AP as long as you have not used your EAD.

Please do a search - there is a nice discussion here with an email reply from Murthy.com

Good Lukc with your marraige
 
Agree with Abhi_01201

Once u use EAD u cannot revert back to H-1. Using AP should not be a problem.
 
Canceled H1(B) Visa and Kept me Under parole Status

Hello,

I recently Crossed US Canada Border at Buffalo Newyork. when I was entering in US, Immigration officer asked me what is my current staus in US, I said Iam on H1(B) Visa. He went and checked all the information about me in his system. After that he asked me do I have any applications file at INS, I said Yes, that is i-485 Adjustment of status. He asked me to Give Parole and adjustment of Staus receipt notice. He told there is new Law when some one filed I-485, they have to change their status to Parole. He canceled my H1(B) visa and kept me on parole status.
 
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