Urgent Help: H4+ Marriage + Dual Status

T

TroySJ

Registered Users (C)
Hi Gurus,

I have a problem which I need an instant help. I on H1B status (Valid H1B working with the same employer) and also I have AOS pening. I140 approved waiting for 485. My wife is going to apply for H4 Visa. (I have already disucced this in the forum and with some lawyers and my wife can apply for H4 based on Dual status memo).

Here is the link the previous discussion:
http://www.immigrationportal.com/showthread.php?t=283262

Now I have 2 questions;

QUESTION 1:
On the form DS156 there is a question (question #37) which asks:

Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship?

How should I answer this question as I have 485 pending and i140 approved.

QUESTION 2:
I have initiated one DS156 and mistakenly have filled that portion as husband (Green Card Holder) which I think it is wrong. I have not yet made an appointment with that DS156 barcode.

Would it be ok if I fill out another DS156 and use the new bar code.


I am out of US so I don't have access to my lawyers and also I have an urgent appointment which I really need to use and I would be very thankful if you could help me by that.

Please help

Many thanks,

Troy
 
Added Note: On the DS156 form there is a space to write the status: should I write H1B, or H1B/PAROLEE or ....

TroySJ said:
Hi Gurus,

I have a problem which I need an instant help. I on H1B status (Valid H1B working with the same employer) and also I have AOS pening. I140 approved waiting for 485. My wife is going to apply for H4 Visa. (I have already disucced this in the forum and with some lawyers and my wife can apply for H4 based on Dual status memo).

Here is the link the previous discussion:
http://www.immigrationportal.com/showthread.php?t=283262

Now I have 2 questions;

QUESTION 1:
On the form DS156 there is a question (question #37) which asks:

Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship?

How should I answer this question as I have 485 pending and i140 approved.

QUESTION 2:
I have initiated one DS156 and mistakenly have filled that portion as husband (Green Card Holder) which I think it is wrong. I have not yet made an appointment with that DS156 barcode.

Would it be ok if I fill out another DS156 and use the new bar code.


I am out of US so I don't have access to my lawyers and also I have an urgent appointment which I really need to use and I would be very thankful if you could help me by that.

Please help

Many thanks,

Troy
Click to expand...
 
H4 is for H1 spouses, so if your spouse needs H4 and you are maintaining H1 status, just write H1b.

Last time during my visa stamp, I written H1b. The visa officer enquired about GC process, I updated him orally.
 
Thats great, So you don't think if they consider this as withholding some information or something as I am on Parolee status and came to the US with AP

randy_gc said:
H4 is for H1 spouses, so if your spouse needs H4 and you are maintaining H1 status, just write H1b.

Last time during my visa stamp, I written H1b. The visa officer enquired about GC process, I updated him orally.
Click to expand...
 
TroySJ said:
Thats great, So you don't think if they consider this as withholding some information or something as I am on Parolee status and came to the US with AP
Click to expand...

This is actually what people do before approval of their GC, to marry while on H visa which by itself will sponsor H4 for spouse by which they can apply for AOS (straight forward application, either you parolle before or not). Just answer every question honestly and do not hide or volunteer to give any unrequired answer or data.
 
Hi MMED,

Let me make sure if I understand you correctly,

You say that I should write H1B on DS156 as my own status, as opposed to H1B/PAROLEE or something.



mmed said:
This is actually what people do before approval of their GC, to marry while on H visa which by itself will sponsor H4 for spouse by which they can apply for AOS (straight forward application, either you parolle before or not).

**** This is exactly what I want to do
Just answer every question honestly and do not hide or volunteer to give any unrequired answer or data.
****What do I write there, If I write H1B only, does this consider hiding information?
Click to expand...
 
TroySJ said:
Hi MMED,

Let me make sure if I understand you correctly,

You say that I should write H1B on DS156 as my own status
-----------correct as you are working on H1B
, as opposed to H1B/PAROLEE or something.
Click to expand...

------------
 
TroySJ said:
Hi MMED,

Let me make sure if I understand you correctly,

You say that I should write H1B on DS156 as my own status, as opposed to H1B/PAROLEE or something.
Click to expand...

If you still on H (not used your EAD), then she write H1 even if you entered back on AP before. but if you aborted your H by using EAD (no thing to do with previous usage of AP), then she can not write your status as H, because by using EAD you are not H anymore
 
Hi,

No, I have not used my EAD, but I have used my AP. So it seems that it is ok to write just H1B as my status.
 
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