Entering US in Advance Parole

Asked over 1 year ago - Sunnyvale, CA

When somebody arrives in US on AP then i - 94 card says Pending AOS . What can a person do to get back the I - 94 on H1B . Also what happens to dependents who are on H4 if one enters in AP rather then H1B .

Attorney answers (4)

  1. Stephen D. Berman

    Contributor Level 20

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    Answered . If you want an I-94 to say its for H1b, then do not reenter on advance parole. Either way it has no effect on any H4's who are in the U.S.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 19

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    Answered . An experienced immigration attorney can guide you on review of your H-1B documents.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Michael E. Piston

    Contributor Level 12

    2

    Lawyers agree

    Answered . File an application for extension of stay in H-1B status. Upon its approval you will be automatically reinstated into H-1B status.

    If you are paroled into the U.S. then, if you have dependents in the U.S. in H-4 status, they are out of status. I assume that they are automatically reinstated into H-4 status if you are reinstated to H-1B status, but the law is not clear, and the most prudent course would be for them to apply for an extension of stay with you.

  4. Karen-Lee Pollak

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I agree with my colleague

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