Status Question (H1 & AP)

2

2hard2getGC

Registered Users (C)
Hi,

I would really appreciate if any expert will answer this concern of mine. I am currently on my H1B visa and filed for Extension and also filed Concurrently I140, 485, EAD and AP. If i travel after Aproval of AP (also after H1B stamp expires) then i can come back to US using AP and still can be on H1B status if i dont use the EAD.
Now the question/concern is when you enter into the US the I-94 card has "PAROLEE" noted on it, the reason i am asking is that if i get married and would like to bring my wife on H4 without my H1 being stamped, her I94 would say H4 but mine would be PAROLEE, can she be in status when enters the US and also can there be any issues filing for her 485, AP, EAD because my I-94 would be saying PAROLEE?

Thanks
 
Originally posted by esseyeb
Would you mind restating your question so that idiots like me would understand? :confused:
Click to expand...

Okay i guess i wasn't much clear in my old post. So the scenario/situation is Lets say i have Aproved H1B extension and aproved Advance Parole. Now lets say i get married to someone from backhome and for her to come to the US she needs to get H4 Stamp on her passport while i can use AP to come back and avoid hassle of Visa Stamping either at Cosulate or State Dept. Now the thing is when u travel on AP and come back to US the I-94 card says "PAROLEE" rather then H1B worker. And also that entering on AP doesn't change status and i can still be on my H1 until i use EAD card. Now lets say the spouse come to the States on H4, the issue is since i entered on AP does it do any harm to her status or can there be questions when we will file I-485 for her that my status in the country as noted on I-94 is "PAROLEE"

Let me know if i made it somewhat clear this time?

Thanks
 
2Hard2GetGC

I don't think your wife would get h4 visa since you don't have a valid h1 at the time of application. So the condition of you coming as a parolee and her as an h4 dependent does not arise.

-Dumeel
 
Re: 2Hard2GetGC

Originally posted by Dumeel
I don't think your wife would get h4 visa since you don't have a valid h1 at the time of application. So the condition of you coming as a parolee and her as an h4 dependent does not arise.

-Dumeel
Click to expand...

Hi Dumeel,

Does H4 requires that your H1 must be Stamped? A valid H1 is one that has been approved nuthing to do with being Stamped or not unless you are required to get a new I-94. Also if you enter as Parolee your H1 status doesn't go away unless you want to use EAD.

So i am still not completely sure what would be the status? Any Takers?
 
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