Use of Advance Payrole Vs H1B

[smartspy]

Hi All,

I have my extended H1B till Dec 2007 which is not stamped in my Passport. My old I 94 got expired in Oct 2004. I applied I 140 & I 485. I got EAD and AP.

Now my question is

If I use my Advance Payrole to re-enter the US in this month, (As Consular Visa wait times are 4 months ahead ) Can I still be able to sponsor my spouse for H4 after our marriage in the next month. After getting her H4, I wanted to include her into my GC process to file for her I 485.

Please give your suggestions on this. This is very important to both of us. I really appreciate your time.

Thank you

 

[grunggy]

Using AP to enter the US does not invalidate your H-1B. Yes you can apply for her H-4.
It's when you use the EAD to work instead ofyour H-1B that you can run into problems.

 

[TheRealCanadian]

Using AP to enter the US does not invalidate your H-1B. Yes you can apply for her H-4.

The problem is that the consulate, when the wife goes for her H-4, will want to see an unexpired I-94 with "H-1" written on it. If he cannot provide that, it is very unlikely that the consulate will grant the H-4.

 

[IBCDesi]

Hi Smartspy,

What country are you from?
1. Regarding the visa appointment, (assuming the country is India), take an appointment from ttsservices web-site, they have emergency appointment for h1 extension cases. After getting an appointment, periodically check for the availibility of appointment, usually you can find a date in next 7/15 days.

2. I believe there is automatic H4 visa based on the h1 visa. If your H1 approval notice has I-94 there should not be any problem.

Hope this will help.