visa void?

[programmer76]

Hi,

Because i didn't have a valid H1 stamp,i entered usa couple of weeks ago using advance parole.However i'm still working with the same employer who filed my GC and sponsered my H1. My wife is going to be coming to usa.She has valid H4 stamp.Can she enter inside usa using her H4 or she will need AP(becasue she is my dependent and i've used AP) ?

 

[sishya]

you should be okay. with 485 pending you have benefit of entering on advance parole. but your status would be still H1 if you have H1 validity and your company has you as H1 employee(stamp on your passport of H1 visa is not required but your H1 approval notice should be valid). your wife should be able to enter on H4 by showing copy of your H1 approval notice. Also if you need to extend your H1 visa(before 6 months of expiration of your H1) you would be able to do it aswell. My understanding is entering on advance parole does not change your status. it is just another option to enter USA.

All said, I am not a lawyer, you might want to consult your lawyer and get opinion from other people also on that.