Will this be a problem ??

B

Bindaas

Registered Users (C)
My wife came back from India few days back, She(and me) has valid visa H4 stampped in her passport that expires sometimes next year. At the NY immig. counter, she showed her passport and forgot to show her Advance Parole. The officer didn't asked her and let her in with the H4 visa.
I am just wondering that as I am working on EAD, that nullifies my H1 and her H4 too, is it wrong in this case to Enter into US on H4 ?
 
Why are you working on EAD when you have a valid H1-B? I infer that because you said your wife's H4 has not expired.

There is a problem in your wife not entering using AP because her status is associated with yours. If you have moved to AOS giving up your H1-B, then indirectly your wife has also given her H4 and so she cannot enter on H4 eventhough she has a PP stamp.
 
Bindaas:

To my understanding once you switch to EAD you wife will also lose her H4 status and she is dependent on AOS. Hence she should have used AP while entering the country.

Talk to your lawyer about this.

M2002
 
In my opinion

This may not be such a big issue as you are allowed to maintain dual status while on AOS. Additionally, since the derivative is on valid H4 it should not matter. For peace of mind send an email to your attorney and file the reply away.

There is nothing you can do at this point anyway.
 
I don't think they really care much about H4 visas. Especially, if she does not work. But you should still consult your attorney, if he is really honest and not a blood sucking parasite.:D
 
Thans a bunch guys..

Taking a note on your advices, I have send an email to my attorney Sheela Murthy, let's see, what she says.

mac98: I am using my EAD b'coz I am on AC21, I have changed employer.

Rsur, WaitinginQ : Hope you are right, but it strikes in my mind that her I-94 says class = H4, I don't know how I-94 plays role in GC process or on any RFE. My RD is 07-02.

Any further comments are appreciated.
 
If you are really worried, then have her leave US (maybe go to Canada for a day) and then re-enter on AP. that will update her status with USCIS.

However, the best thing to do is to follow your attorney's advice
 
yes this is a big problem!!

Just received reply from my attorney...
She said, my shouldn't have done this. Now as it is a wrongful entry in the US, it can be rectified either by the Port of Entry, and it depends if they are willing to do it as it is my wife's mistake and not INS's.
2nd is to go out of the country and come back on AP. but then her record still will say that she entered in the US wrongfully.
God Damn it!!
Why people make such a silly mistake when they were told repeatedly to use AP instead of H4.
 
I dont think its a big deal, relax and cool down..........just go to canada/alpaso for a day and come back.

dont worry yourself for no reason. You are the main applicant, she is not. Period.
 
One thing I do not understand is when I have a valid H1 and an EAD& AP how BCIS is concerned what I’m using?? My point is I was having a valid H1 but my company paid for EAD as well AP. I gave a copy of my EAD to HR. That’s it. How come BCIS know that I’m on EAD or H1?

I don’t think it’s a big deal. Ask your attorney did he/she have seen such cases being rejected??
 
I agree..

..relax. It is quite difficult to keep things straight after a long flight from India. Added to that is the tension of customs/immigration.

I am still not convinced on the 'wrongful entry' piece. She has entered on a valid h4. Please take a second opinion before expending more energy on the matter.
 
Guys thanks for all your thoughts

I do not know what is going to happen, but I had send a follow up email with lots of my questions to the Attorney like if INS disagree to rectify, will this wrongful entry be subject to deportation or is it possible to get it done in local POE or I will have to drive for 10 hrs and go to NJ POE etc.

I want to act exactly what my attorney says as, I am so close to the AOS :confused: and I do not want any problems.

Rsur, andy2000: Valid h4 is invalidated as soon as I used my EAD, and the H1 and H4 was from my previous employer.

Kanadian: Your comment is giving me a bit of relax as you said I am the main applicant and I guess, dependent applicants are not get bothered too much.
 
Sakrit., Pork, oraca, GURUs

Pls, comment on this issue.
I have received valueale comments from other folks on this and need yr expert opinion.
 
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