Chennai consulate - H4 Visa practice for AP used husbands

[casinoroyale]

Dear Friends:

I have been doing lot of research on this issue of sponsoring H4 visa to wife after entering on advance parole. I have done paid phone consultations with murthy-office, consultation with my companry attorney, consultation with my personal atttorney who is doing my GC and several IV threads, murthy chat scripts, people from this forums etc. And this is my summary so far and I would like to know more information

Here are some facts about me:

1) my h1b visa expired
2) can't get it stamped at the consulate as i will be stuck with security check as i have a very common name

so the problem in hand is to bring my wife on H4 without me going to US consulate to get H1b visa stamp

Summary:

1) murthy office, OhLaw group, my personal attorney said, i can file H1B extension, that will put me back on H1 from PAROLE status and then i can sponsor H1B visa. simple!

2) my company attorney and another attorney that i know who goes to US consulate by taking his clients twice a month are saying, US Consulate which is operated by Department of State may not be in agreement with this reinstatement process. Basically, DOS is not honoring Cronin's memo in which it is clear that H1B extension reinstates ones status. Hence, in his experience, he has observed different consulates interpreting this differently and some cases working and some were denied H4 visa.

One of the IV members mentioned to me that couple of his friends sponsored H4 after entering on AP (don't know whether they did H1 extension or not) and their wives got H4 visa.

Now, given this uncertain situation it is becoming difficult to make the decision about marriage.

I will really appriciate if you can share any evidential information about your friend's experiences ESPICIALLY at Chennai consulate who used AP and still managed to sponsor H4 without having a valid H1B visa stamp.

Thanks.

[Canadian_Dream]

One of things you can do is, get an H1B extension and try to get it stamped at the consulate. It can take a while if it gets stuck in security checks etc, but it is rarely denied. Let's say even if does get stuck for more than 8 weeks you can always take your AP and come back. If it gets approved you are all set, you are almost assured of H4 approval.
This is much less riskier then trying to get an H4 stamped when you have used advance parole and your most recent I-94 status is "Parolee". You have to assess if a delay of few weeks is the price you can pay for an almost assured H4 stamping for your spouse.
Trying to get an H4 when the documents that you will be submitting shows your status as "Parolee" could confuse the consular officer. Also, your approved duration of stay(1 year from entry) could potentially be different from hers and there will be more questioning regarding what will be her visa expiry date and I-94 duration of stay etc. This might be the reason DOS and USCIS interpret "Parolee" status differently from H1B status.

[casinoroyale]

Thanks for your reply CanadianDream.

I also agree with you on the fact that if i am on PAROLE it will confuse the consulate. In fact this the reason the guidelines saying to do H1b extension so that you are no longer PAROLE but H1B. This is your status as per Cronin's memo. But still, my companry attorney is saying that some consulates might not honor Cronin's memo.

[casinoroyale]

Also, I wish security check takes 8 weeks. It is taking upto 8 months lately.

[Canadian_Dream]

That's not typical. Besides in most cases it takes 2-3 weeks and worst cases it may go to 3 months. Why have you already concluded that you will be stuck ?

It takes longest when your case goes for fraud verification /administrative processing. This rarely happens for second time applicants. All in all you should consider getting H1B stamping and it should not be an issue if you already have an H1B stamp (even expired) from that consulate before. In my opinion trying to get someone on H4 when your status is parolee is much bigger risk than trying to get an H1B visa stamp for oneself esp when you already have an advance parole.

Originally Posted by casinoroyale

Also, I wish security check takes 8 weeks. It is taking upto 8 months lately.

[casinoroyale]

Thanks again.

I am not intending to sponsor H4 when I am in PAROLE status. I am doing H1B extension to reinstate my status from PAROLE to H1B. This is the law as per Cronin's memo's 3rd point. But my rant is US Consulate (operated by DOS) is not in agreement with Cronin's memo. This is what DOS official has sort of hinted I beleive when there was a conference call about this issue. My company attorney told me that.

Cronin's memo:

3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the UnitedStates via advance parole, the alien is ccordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?

Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service determines the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of
<b>terminating the grant of parole</b> and admitting the alien in the relevant nonimmigrant classification.

[immigrationvoice1]

...of considering H1 for yourself, have you thought of a H1 for your spouse ?

Originally Posted by casinoroyale

Dear Friends:

I have been doing lot of research on this issue of sponsoring H4 visa to wife after entering on advance parole. I have done paid phone consultations with murthy-office, consultation with my companry attorney, consultation with my personal atttorney who is doing my GC and several IV threads, murthy chat scripts, people from this forums etc. And this is my summary so far and I would like to know more information

Here are some facts about me:

1) my h1b visa expired
2) can't get it stamped at the consulate as i will be stuck with security check as i have a very common name

so the problem in hand is to bring my wife on H4 without me going to US consulate to get H1b visa stamp

Summary:

1) murthy office, OhLaw group, my personal attorney said, i can file H1B extension, that will put me back on H1 from PAROLE status and then i can sponsor H1B visa. simple!

2) my company attorney and another attorney that i know who goes to US consulate by taking his clients twice a month are saying, US Consulate which is operated by Department of State may not be in agreement with this reinstatement process. Basically, DOS is not honoring Cronin's memo in which it is clear that H1B extension reinstates ones status. Hence, in his experience, he has observed different consulates interpreting this differently and some cases working and some were denied H4 visa.

One of the IV members mentioned to me that couple of his friends sponsored H4 after entering on AP (don't know whether they did H1 extension or not) and their wives got H4 visa.

Now, given this uncertain situation it is becoming difficult to make the decision about marriage.

I will really appriciate if you can share any evidential information about your friend's experiences ESPICIALLY at Chennai consulate who used AP and still managed to sponsor H4 without having a valid H1B visa stamp.

Thanks.

[casinoroyale]

No, she is not software engineer, so its hard to get H1b in other fields.

[amsgc]

Casino,

H4 visa is for dependents of people working in the US on H1 status.
If your status is that of a Parolee, you wife cannot apply for H4 because it doesn't make sense. If the USCIS has granted you H1 status, then the US consulate should not question it unless they have reason to suspect fraud.

So change your status to H1 and your future wife can enter on H4. Simple.

However, I think you have a bigger problem at hand - you don't seem to be sure about getting married at all. If you really want to marry this girl, then just do it man. What is this crap about not being able to decide due to "uncertainty"? Are you not going to marry her if she can't come to the States?

I should also tell you that being on H4 is no fun. Your future wife from India will have to adjust to a new culture and country, and to the idea of being 9000 miles away from her family. And god forbid if you live in the suburbs, then she is pretty much under house arrest. Add to this the humiliation of not being able to go to work in her youth - what a waste of her education and experience. And finally she has to adjust to you - however well you may know each other, living with a person is quite different from one.

I honestly don't know who would want a life like that - so think hard. It may be a better idea for you to move back to India (if you really like her), or call it a day and look for someone here!

Originally Posted by casinoroyale

Dear Friends:

...
Now, given this uncertain situation it is becoming difficult to make the decision about marriage.

...
Thanks.

[mhtanim]

Originally Posted by casinoroyale

Dear Friends:

I have been doing lot of research on this issue of sponsoring H4 visa to wife after entering on advance parole. I have done paid phone consultations with murthy-office, consultation with my companry attorney, consultation with my personal atttorney who is doing my GC and several IV threads, murthy chat scripts, people from this forums etc. And this is my summary so far and I would like to know more information

Here are some facts about me:

1) my h1b visa expired
2) can't get it stamped at the consulate as i will be stuck with security check as i have a very common name

so the problem in hand is to bring my wife on H4 without me going to US consulate to get H1b visa stamp

Summary:

1) murthy office, OhLaw group, my personal attorney said, i can file H1B extension, that will put me back on H1 from PAROLE status and then i can sponsor H1B visa. simple!

2) my company attorney and another attorney that i know who goes to US consulate by taking his clients twice a month are saying, US Consulate which is operated by Department of State may not be in agreement with this reinstatement process. Basically, DOS is not honoring Cronin's memo in which it is clear that H1B extension reinstates ones status. Hence, in his experience, he has observed different consulates interpreting this differently and some cases working and some were denied H4 visa.

One of the IV members mentioned to me that couple of his friends sponsored H4 after entering on AP (don't know whether they did H1 extension or not) and their wives got H4 visa.

Now, given this uncertain situation it is becoming difficult to make the decision about marriage.

I will really appriciate if you can share any evidential information about your friend's experiences ESPICIALLY at Chennai consulate who used AP and still managed to sponsor H4 without having a valid H1B visa stamp.

Thanks.

Suppose you enter the U.S. as parolee and change your status to H1-B. When your wife will go for H4, she will carry your H1-B approval notice and I-94 that shows you are in H-1B. I don't think the consulate will want to know whether you have a valid H-1B visa stamp in your passport or not. Your I-94 that shows you are in H-1B should be sufficient.

However, if they still cause your wife any problem, you should be able to get help from your lawyer. I don't think they can deny H4 if you have a valid I-94 that shows you are in H-1B.

Having said all these, I am in the same boat as you are! I am also planning to get married and enter the U.S. with AP. My law firm gave the same response that you have mentioned (it is one of the top immigration law firms). They said that if you change your status from parolee to H1, your wife should be able to get H4.

It would be great if someone who actually went through this can share his/her experience.

[casinoroyale]

Good point amsgc. Unfortunately, in arranged marriages things go further only when base critiria is met for both parties. I can't move to India for her or for that matter any girl (even if its Aishwarya Rai) and the girl's wish is also to pursue her career in US. Often people slip their thoughts and try to apply LOVE marriage rules in ARRANGED marriage.

Arranged marriages are more like business mergers, when core critiria is met for both parties, people get married THEN you fall in love (if you are lucky!).

>> However, I think you have a bigger problem at hand - you don't seem to be sure about getting married at all. If you really want to marry this girl, then just do it man. What is this crap about not being able to decide due to "uncertainty"? Are you not going to marry her if she can't come to the States?

Honestly, i liked your comment. You think exactly like me. I myself have asked this question to myself several times.

Originally Posted by amsgc

Casino,

H4 visa is for dependents of people working in the US on H1 status.
If your status is that of a Parolee, you wife cannot apply for H4 because it doesn't make sense. If the USCIS has granted you H1 status, then the US consulate should not question it unless they have reason to suspect fraud.

So change your status to H1 and your future wife can enter on H4. Simple.

However, I think you have a bigger problem at hand - you don't seem to be sure about getting married at all. If you really want to marry this girl, then just do it man. What is this crap about not being able to decide due to "uncertainty"? Are you not going to marry her if she can't come to the States?

I should also tell you that being on H4 is no fun. Your future wife from India will have to adjust to a new culture and country, and to the idea of being 9000 miles away from her family. And god forbid if you live in the suburbs, then she is pretty much under house arrest. Add to this the humiliation of not being able to go to work in her youth - what a waste of her education and experience. And finally she has to adjust to you - however well you may know each other, living with a person is quite different from one.

I honestly don't know who would want a life like that - so think hard. It may be a better idea for you to move back to India (if you really like her), or call it a day and look for someone here!

[casinoroyale]

mhtanim,

Thanks for your response. Please check your private message. I have sent my contact information. Lets discuss this matter as we both are in the same boat.

Thanks.

Originally Posted by mhtanim

Suppose you enter the U.S. as parolee and change your status to H1-B. When your wife will go for H4, she will carry your H1-B approval notice and I-94 that shows you are in H-1B. I don't think the consulate will want to know whether you have a valid H-1B visa stamp in your passport or not. Your I-94 that shows you are in H-1B should be sufficient.

However, if they still cause your wife any problem, you should be able to get help from your lawyer. I don't think they can deny H4 if you have a valid I-94 that shows you are in H-1B.

Having said all these, I am in the same boat as you are! I am also planning to get married and enter the U.S. with AP. My law firm gave the same response that you have mentioned (it is one of the top immigration law firms). They said that if you change your status from parolee to H1, your wife should be able to get H4.

It would be great if someone who actually went through this can share his/her experience.

[casinoroyale]

Please share your thoughts and experiences about this matter on this nice Friday afternoon (EST).

Thanks.

[monkeyman]

Here's my actual experience -
Let me start off by saying that I have recently received my GC and my wife's case is still pending AOS.

I had obtained my EAD/AP on 2004 and I had to make an emergency trip to Canada on official business. As my visa had expired, I used my AP and entered US as a Parolee. I decided to get married and based on lawyer's recommendation, applied for H1 extension. It took 7 months - but I got it. I went to India and got married. My wife is from Panama and her student visa had expired. Obviously, she had taken an appointment at Chennai consulate thinking she would get H4 visa using my approved I-797, marriage certificate and copy of my passport. She was told to go to her country and re-apply because her intent to immigrate / marriage was not clear.

On discussion with my lawyer, he recommended to get my passport stamped. And so I did at the Chennai consulate after a month (all this while, I was in India parying that I did not lose my job). I did not even have to speak. My wife then went to Panama, got everything done within a week and she was here in US.

My advise is, get the H1-B stamped on your passport before even going for H-4 or try to get the H1 and H4 done together. Otherwise, it is hard to get her here and if it fails once, there's always the element of doubt!!!

[Canadian_Dream]

That's exactly I was suggesting to the poster. Even though after approved H1B extension you are technically on H1B from USCIS point of view, but DOS or Consulate gives more creed to a "Visa" that they have issued along with the I-94 that was last obtained based on the visa. I know logically an approved H1B extension (I-797 approval) notice should suffice to get an H4 visa for spouse but remember during H4 filing you also have to submit copy of the passport/visa pages of the sponsor who is on H1B and that would show your status as "Parloee" with an expired visa. This probably might not fly well with the consular officer.

Originally Posted by monkeyman

Here's my actual experience -
On discussion with my lawyer, he recommended to get my passport stamped. And so I did at the Chennai consulate after a month (all this while, I was in India parying that I did not lose my job). I did not even have to speak. My wife then went to Panama, got everything done within a week and she was here in US.

My advise is, get the H1-B stamped on your passport before even going for H-4 or try to get the H1 and H4 done together. Otherwise, it is hard to get her here and if it fails once, there's always the element of doubt!!!