Use H1 & H4 (or) Advance Paroles while 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.... :confused:

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.
 
Use H1/H4 not AP to enter USA

The short answer is: come back on H1/H4. The reason is given below. Also, until your I-140 is approved, make sure you have FILED for seventh year extension of H1/H4. EVEN THOUGH you have your EAD on I-485, apply for your seventh year extension 3 months before your current H1 expires, because if you dont and your I-140 is denied, then you cant file for a new H1 or seventh year extension that easily. In short, dont depend on I-140/I-485.

1) When you enter back into the country, the document you use for re-entry will be your status in the country.
2) Lets say you come back on Advanced Parole (AP) - then your status is I485/AP. Since your I-140 is in RFE, if it gets denied, you are immediately out of status. In this case, you'll have to leave the country asap and come back on H1/H4 so that your status changes back to H1/H4.
3) Lets say you come back on Advanced Parole (AP) - then your status is I485/AP. Since your I-140 is in RFE, if it gets approved, you continue to remain in I485/AP status.
4) Lets say you come back on H1/H4 - then your status is H1/H4. Your I-485 will still remain pending and when your I-140 gets approved, you can move on to I-485/EAD status.
5) Lets say you come back on H1/H4 - then your status is H1/H4. Your I-485 will still remain pending and if your I-140 gets denied, you continue to remain in H1/H4 status.

Now I am not sure of one thing: If there is an RFE on your I-140, it could possible mean that the I-140 is already denied and the employer will file for an appeal, in which case it will go into appeals. If I-140 was denied, I-485 could also possibly be denied. Make sure you get all the information on this from either the lawyer representing your company, or your company or USCIS by calling them directly.

Regarding H1/H4:

1) If you already have an H1/H4 stamped on your passport, then all you need is the I-797 alongwith the new I-94 at the bottom of the I-797 to re-enter the country.
2) You do not need to get it stamped again in Chennai. Even if you want to, you dont need to go through another interview process - you can just drop it in a drop-box in Chennai and you'll get the passport back stamped in 2 weeks.

All of the above is based on my personal experience and after spending a few thousand dollars from my pocket for a nice lawyer :)
 
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Hi satgym73,

INS=IndianGovt has given a good breakup of different scenarios. Thanks.

As per me, since your stamped visa (with old employer name) is valid beyond your scheduled date of return (Sept13th) to US, you are fine to re-enter under H1/H4 visas. Just show the approved I797 alongwith latest I-94 and you would get the stamp of validity on your respective passports until 04/20/06. Also keep your current pay-stubs and bona-fide letter from your present employer.

Although you have the APs as backup in case 485 gets approved, but wouldnt be necessary otherwise.

Enjoy the vacation.

DIGS
EB3, India
 
Hi INS=IndianGovt & DIGS,

My wife left to India on May 16th, while going out she had given all the I-94's (inlcuding new one - which is valid until 04/20/06). We suppossed to return all the I-94's while going out of country right?. Is it okay or this will create any problem upon entry back to USA?. And also let me know, whether i have to submit my old I-94's and new I-94 while i'm going out (July 4th) ?.

Thank you!
 
I have a different situation. My I140 denied in April 25 and the attorney asked my wife to leave the country (she did not have H4B) which she did. She came back on AP without any problem. Since I have not received I485 denial till date is it ok for her to stay or leave the country and come back on H4B? She has a good job!

One more thing.. I called USCIS directly to check the status... no change in the status. So should I assume that I485 is not denied?

My attorney said that since I have not received I485 she can continue to work.
 
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