URGENT: Use H1 & H4 (or) Advance Paroles when enter into U.S.A?

S

satgym73

Registered Users (C)
Hello Friends,

I'm posting my thread here in 1-140 Issues...since i got Rfe in I-140

Can you guys suggest me the best option in my situation....

My H1 and my wife's H4 stamped visa on passport is valid until 10/13/05 and it's from my previous employer. Few months back i changed my employer (who supports/sponsers my GC) and got the new H1 and H4 approvals which is valid until 04/20/06 (which is not stamped in the passport and we are not going to get stamping during our visit for this small period). We have Advance Paroles which is valid upto 01/03/06. We are going to India in July end and coming back on Sep 13th.

I hesitate to use AP, b'cos i received RFE. I think my employer will take his own time to submit the evidences b'cos it's big Rfe. The last date to submit is July 25. While we are india, if my 1-140 is approved then it's fine i can use AP. Suppose, if it gets denied then can we use our H1 & H4 visas while entering and just show them the approval notice (I-797) and will they give us new I-94's by accepting the approval notices which were valid upto 04/20/06.

Or, we have to really go for stamping again in chennai?. I really appreciate ur reply's.

Thanks & Regards,
Satgym73.
 
satgym73 said:
Hello Friends,

I'm posting my thread here in 1-140 Issues...since i got Rfe in I-140

Can you guys suggest me the best option in my situation....

My H1 and my wife's H4 stamped visa on passport is valid until 10/13/05 and it's from my previous employer. Few months back i changed my employer (who supports/sponsers my GC) and got the new H1 and H4 approvals which is valid until 04/20/06 (which is not stamped in the passport and we are not going to get stamping during our visit for this small period).
********* enter with valid visa stamp of previous employer name on it AND show your recent H1 approval notice at POE and you will get yourI-94 till recent H1 approval notice, check the I-94 dates at POE if any mistake poin out to office or ask for

We have Advance Paroles which is valid upto 01/03/06. We are going to India in July end and coming back on Sep 13th.

I hesitate to use AP, b'cos i received RFE.
------------ dont use that if RFE on I-140 becase if I-140 gets denied then EAD AP, I-485 all denied
I think my employer will take his own time to submit the evidences b'cos it's big Rfe. The last date to submit is July 25.

While we are india, if my 1-140 is approved then it's fine i can use AP. Suppose, if it gets denied then can we use our H1 & H4 visas while entering and just show them the approval notice (I-797) and will they give us new I-94's by accepting the approval notices which were valid upto 04/20/06.
--------corrcet
Or, we have to really go for stamping again in chennai?. I really appreciate ur reply's.
------------ if you have Vlid Visa stamps with any employer name while you enter back no need of new Visa stamp
*** keep new employer letter with you show ONLY if asked
Thanks & Regards,
Satgym73.
Click to expand...
 
My H1 and my wife's H4 stamped visa on passport is valid until 10/13/05 and it's from my previous employer. Few months back i changed my employer (who supports/sponsers my GC) and got the new H1 and H4 approvals which is valid until 04/20/06 (which is not stamped in the passport and we are not going to get stamping during our visit for this small period).
********* enter with valid visa stamp of previous employer name on it AND show your recent H1 approval notice at POE and you will get yourI-94 till recent H1 approval notice, check the I-94 dates at POE if any mistake poin out to office or ask for

It depends on your passport validity. If your passort expires before your new H1B, then they will issue I-94 till your passprt expiry date. Hope that is not case with you, but just giving you an heads up on it. Aprt from that Ginnu has covered eveything else.
 
Thank you so much for your answers...ginnu and gcfordesi04. It gives me moral support.

My passport is valid until Aug 06. So, i think it won't be a problem. Just one more confirmation i need regarding this topic...

In POE, don't they ask me like...you have only 1 month left for the expiration date on the visa (it's expiring on 10/13/05), why u didn't go for stamping in india when you stayed over there 1.5 months?.
 
satgym73 said:
Thank you so much for your answers...ginnu and gcfordesi04. It gives me moral support.

My passport is valid until Aug 06. So, i think it won't be a problem. Just one more confirmation i need regarding this topic...

In POE, don't they ask me like...you have only 1 month left for the expiration date on the visa (it's expiring on 10/13/05), why u didn't go for stamping in india when you stayed over there 1.5 months?.
Click to expand...

They are not supposed to and they will not, i'm 99% positive. Worst comes worst, you have a Parole by all means! nothing to worry. I recently travelled to India with exactly similar situation as yours except that i had 5 months visa validity. (I had the same worries as you have and i too carried my Parole but did not use it) If in case you happen to have trobule with your I-94, go through my other experience related to it. Hope this helps. http://murthyforum.atinfopop.com/4/...=7474050822&m=206101196&r=438103107#438103107
 
Okay gcfordesi04, thank you for the information!

>>While I went out of the country and came back in December 2004 and stamped my I-94 valid until 05/19/2005 instead of 07/26/2007. So my I-94 was expiring on 05/19/2005.

At that time in POE, did you forgot to show ur new approval notice (i.e, valid until 07/26/07)? (or) u didn't show b'cos ur passport is expiring before 07/26/07)!
 
satgym73 said:
Okay gcfordesi04, thank you for the information!

>>While I went out of the country and came back in December 2004 and stamped my I-94 valid until 05/19/2005 instead of 07/26/2007. So my I-94 was expiring on 05/19/2005.

At that time in POE, did you forgot to show ur new approval notice (i.e, valid until 07/26/07)? (or) u didn't show b'cos ur passport is expiring before 07/26/07)!
Click to expand...

I actually did not show but then soon after the I-94 was issued, i went back and showed the officer, i'm not sure of what that officer thought, she simply said, its ok just keep it for your records and she did not make any attempts to fix it.
 
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