need help

I

itsmyname

Registered Users (C)
friends,

i am here looking for help regarding my 485 approval notice. my wife 485 has not approved yet (it is in process) but she went to india with h4 visa and two days later her advance parole got approved when she was in india and also my 485 got approved , could you please guide me what is the best way for her to get in to US , using H4 or mail her the approved advance parole to india so she can use that to get in US. Her H4 visa is vaild for another one year but as my 485 got approved i do not know whether her h4 is still vaild.

looking forward for your information.

thanks,

siraj
 
She can come in on an H4. If you would like for mental peace, courier just one of the three AP papers you would have received just in case.
 
itsmyname said:
friends,

i am here looking for help regarding my 485 approval notice. my wife 485 has not approved yet (it is in process) but she went to india with h4 visa and two days later her advance parole got approved when she was in india and also my 485 got approved , could you please guide me what is the best way for her to get in to US , using H4 or mail her the approved advance parole to india so she can use that to get in US. Her H4 visa is vaild for another one year but as my 485 got approved i do not know whether her h4 is still vaild.

looking forward for your information.

thanks,

siraj
Click to expand...

She can come back on H4.

AP will unnecessarily create problems as it was approved
while she was NOT physically present in US.
 
Can someone tell me when primary applicant I485 is approved , will that invalidate wife H4 visa or will that invalidate primary applicant H1b automatically.

Please suggest me on this.
 
Hi,

Technically the answer to your situation is that when your 485 was approved, your H1 and therefore her H4 became invalid right then. Also, since her AP was approved when she was out of US, the AP is invalid. But in real world, the POE officers are considerate enough to allow the H4 applicant in the US, even if primary H1 has been approved, or her own 485 gets approved. Although I am not speaking from my own personal; experince, but that has been the experience of many memebers who have posted here. So, do not worry. For your own peace of mind send her the AP also, just in case. Other than that there isn't anything you can do.
 
itsmyname said:
friends,

i am here looking for help regarding my 485 approval notice. my wife 485 has not approved yet (it is in process) but she went to india with h4 visa and two days later her advance parole got approved when she was in india and also my 485 got approved , could you please guide me what is the best way for her to get in to US , using H4 or mail her the approved advance parole to india so she can use that to get in US. Her H4 visa is vaild for another one year but as my 485 got approved i do not know whether her h4 is still vaild.

looking forward for your information.

thanks,

siraj
Click to expand...

Hi itsmyname,

H4 visa will be the safest mode for her to return back.
Here is a past article in Murthy site.

http://www.murthy.com/mb_pdf/oct2904.pdf
(Topic 3)

Hope this gives you comfort.

Dhoom
 
If she comes back to US with her H4 and if incase she has to leave to india again , during that time can she use her Advance parole to re-enter , please advice.
 
itsmyname said:
If she comes back to US with her H4 and if incase she has to leave to india again , during that time can she use her Advance parole to re-enter , please advice.
Click to expand...

To be on safe side, I would reapply her AP when she returns, and make sure she gets the approved AP BEFORE departing.
 
Why do i need to re-apply Advance Parole if she comes back with her H4 visa in a month or so , then if in case if she has to leave again she can carry the available approved advance parole along with her, which is valid because it is approved when she is leaving, am i right , please advice.
 
itsmyname said:
Why do i need to re-apply Advance Parole if she comes back with her H4 visa in a month or so , then if in case if she has to leave again she can carry the available approved advance parole along with her, which is valid because it is approved when she is leaving, am i right , please advice.
Click to expand...

That' s correct. She does NOT need to apply for a NEW AP, as she got a
valid one. On the other hand her 485 may get approved in the meanwhile
thus may not need AP/H4 at all. Good Luck! :)
 
itsmyname said:
Why do i need to re-apply Advance Parole if she comes back with her H4 visa in a month or so , then if in case if she has to leave again she can carry the available approved advance parole along with her, which is valid because it is approved when she is leaving, am i right , please advice.
Click to expand...

See, technically if AP is approved while applicant is outside the US, that AP is not valid. So in this scenario, your wifes first AP is invalid as she was outside the US when it got approved (even though the dates says it valid till a future date). Now, if she uses the same AP, chances are she will not hae any issues. But if, and this is a big if, a POE inspector is alert and takes the pain of verifying when the AP was approved she was not in the US, he can create a problem. Realistically speaking, I see very litlle chance of this. But thats why I said to be on SAFE side, apply a new AP. This way, you are tottaly assured of the validity of the AP, and you and more importantly your wife can be confident when she returns next time. I would say, spend the extra buck, just for getting peace of mind. Rest is upto you.
 
How long a person can stay outside the US when they are want to use Advance Parole to get in ? please advice.
 
can someone tell me where to find the parole period validity date and which date is used to check and see the applicant was inside US when the parole was approved. please advice.
 
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