Transit Visa: H4 & Advance Parole

S

sk2002sk

Registered Users (C)
Hi Guys,

We are planning to go to India for vacation in May (transiting via Paris). Our I-485 is pending and my wife currently works using her EAD. She has a H4 Visa stamped on her passport (date of H4 stamp validity is until Dec 2005). She has effectively invalidated her H4 (by using her EAD) and will need Advance Parole to re-enter the U.S. My question pertains to France Transit Visa while transiting through Paris.

Will she need a Transit Visa even though she has a passport with a U.S. Visa stamp (granted she will-not/cannot use that to re-enter the U.S.)?

My initial impression is that all they need to see is an "unexpired U.S. Visa", thats all - that they don't care if the person can re-enter using that Visa or not.

Can you all please share your experiences or thoughts? As always, I hope to get the most reliable and up-to-date info from all of you!

Thanks,
SK...
 
sk2002sk said:
Hi Guys,

We are planning to go to India for vacation in May (transiting via Paris). Our I-485 is pending and my wife currently works using her EAD. She has a H4 Visa stamped on her passport (date of H4 stamp validity is until Dec 2005). She has effectively invalidated her H4 (by using her EAD) and will need Advance Parole to re-enter the U.S. My question pertains to France Transit Visa while transiting through Paris.

Will she need a Transit Visa even though she has a passport with a U.S. Visa stamp (granted she will-not/cannot use that to re-enter the U.S.)?

My initial impression is that all they need to see is an "unexpired U.S. Visa", thats all - that they don't care if the person can re-enter using that Visa or not.

Can you all please share your experiences or thoughts? As always, I hope to get the most reliable and up-to-date info from all of you!

Thanks,
SK...
Click to expand...

she does not need transit visa. Moreover she can enter US using her H4 also.
 
I agree with previous posting that her H4 is still valid and using EAD alone does not invalidate. I assume that H1 holder continue working for the H1 sponsor. I know there are people in the forum who believe that using EAD with H4 invalidates H4 status. However, I have not seen any evidence ( CFR /INS memo or actual case ) that would support such a position. In fact, if you read EAD application form instructions, you will notice that EAD may be granted to the wide range of non-immigrant visa holders such as J2 (hardship case), M1, G1, F1, V

http://uscis.gov/graphics/formsfee/forms/i-765.htm

and using EAD does not necessarily change the visa status of EAD holders ( at least, EAD application does not say that)
 
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