Re-enter to USA using Advance Pay roll document without H4 Stamping holding H4 paper

[rrokkam]

Hi All,


i have a question on shall we need to go for H4 stamping or not? when having valid advance pay role document to re enter to US.


MY wife with H4 status and no H4 valid visa stamped on her passport but holding H4 document which is valid till Aug 2011. and she has advance pay role document valid till end of this year.

Do she need to go for H4 Stamping in india before coming to US ? or she can come back with advance pay role document and holding H4 status documents and support copies of my latest pay slip ,employment letters,etc

still she will be on H4 status right? and we should able to apply for H4 extension or not?


Please response to my question

appreciate in this regards
Ravi

[shervin143]

If she want retain her H4 status, then she will have to enter U.S in H4 visa. She cannot enter in AP unless you are using your EAD now. If you are in H1B status, then she won't be able to enter in AP.

[txh1b]

If she want retain her H4 status, then she will have to enter U.S in H4 visa. She cannot enter in AP unless you are using your EAD now. If you are in H1B status, then she won't be able to enter in AP.

Not correct. H4 can enter the US anytime using an Advance parole document. That does not need the primary h1b to use the EAD and become a parolee.

H1b holder can retain H1b status and H4 holder can be a parolee if both have GC I485 pending.

https://www.immihelp.com/maintaining-h-l-status-vs-using-ead-ap-after-filing-adjustment-of-status/

[shervin143]

Thanks for the clarification.

[rrokkam]

Thanks for the some clarification

Once she re enter US using her advance parole and not having EAD,could we apply for the H4 extension with the I-94 as her h4 is going to expire on Aug2011 ?

After she enter US what would be her status and my status,do i need to inform my employer the status of her.


What kind of document she need to carry /show when she is entering to US.

what type of question they will ask at the board of entery

Ravi

[txh1b]

She will be a parolee. No status. Can switch back to H4 if H4 extension is approved aling with H1b. Company does not care about H4 status.

[rrokkam]

Thanks for Reply

So holding H4 status document(valid till Aug 2011) and who is having Advance parole document and not having EAD card can enter US with out having valid H4 Stamping on passport.

And

Once she enter US she can apply H4 extension with the H1 Extension Document with any Problem Right?

[txh1b]

Question is repetitive. Talk to your attorney.