sqs

I am from pakistan and I am on H status and also possess advance parole. My passport is not stamped with H visa. It is currently taking 2 months to get H1 visa from Islamabad. I would like to travel to pakistan, get married and re-enter USA on Advance Parole.

QUESTION 1: If I use my advance parole to re-enter USA, does it mean that i have lost my H status?

QUESTION 2oes it also mean that my wife will not be able to enter with or after me on H4, and we will have to do Follow to join for her?

QUESTION 3:How long does follow to join procedure typcially takes.?

Ingo Pakleppa

On 4 Jun 2002 01:20:06 GMT, sqs <[email protected]> wrote:

    >I am from pakistan and I am on H status and also possess advance parole. My passport
    >is not stamped with H visa. It is currently taking 2 months to get H1 visa from
    >Islamabad. I would like to travel to pakistan, get married and re-enter USA on
    >Advance Parole.

If you have in your passport an H visa that expired not more than one year ago, you
can get it renewed within the US by sending your passport to St. Louis. It will take
three months, though.

    >QUESTION 1: If I use my advance parole to re-enter USA, does it mean that i have
    >lost my H status?

Yes. It is not quite clear whether your employment authorization would also cease to
exist. So to be safe, you should get an EAD.

    >QUESTION 2oes it also mean that my wife will not be able to enter with or after me
    >on H4, and we will have to do Follow to join for her?

Yes. Of course, if you apply for an H-1B visa in Islamabad, your wife could get her
H-4 at the same time.

    >QUESTION 3:How long does follow to join procedure typcially takes.?

I don't know. Probably about the same as an H-4 visa, not very long. However, do
keep in mind that a wedding shortly before the I-485 is approved will be
scrutinized, and your case may get forwarded to the anti-fraud division. So be
careful to present ample evidence that this marriage is genuine and not just in
order to get her into the US.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

sqs

thanks for a quick reply, though i apologize for not stating my facts clearly. Deal is that I was a student here and then got my H status. I never had any H visa stamped on my passport. I had entered USA on F1 visa. So in order to get the H visa stamped, I will have to go out side USA. Since I never had any H visa, so i can not send it to St. Louis for revalidation.

So with this constraint in mind, if we revisit my earlier questions -

1. If I go to pakistan and do not apply for H visa, but decide to re-enter USA on Advance Parole, would it mean that i have lost my H status?

2. With me entering USA on advance parole, can my wife enter on H4 ?

thanks again for the help

Ingo Pakleppa

On 4 Jun 2002 13:20:08 GMT, sqs <[email protected]> wrote:

    >thanks for a quick reply, though i apologize for not stating my facts clearly. Deal
    >is that I was a student here and then got my H status. I never had any H visa
    >stamped on my passport. I had entered USA on F1 visa. So in order to get the H visa
    >stamped, I will have to go out side USA. Since I never had any H visa, so i can not
    >send it to St. Louis for revalidation.

Thanks for the clarification. Except for this point, it does not affect my replies to
your questions.

    >So with this constraint in mind, if we revisit my earlier questions -
    >
    >1. If I go to pakistan and do not apply for H visa, but decide to re-enter USA on
    > Advance Parole, would it mean that i have lost my H status?

Yes.

    >2. With me entering USA on advance parole, can my wife enter on H4 ?

No.

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).