comrade78 Posted November 14, 2012 Report Share Posted November 14, 2012 My Case Got EAD/AP May 2012 ,H1b Extended AUG 2012 Got Married Aug 2012 ,Came Back to US on AP SEP 2012 I-94 Status Parolee SEP 2012.Wife In India. According to my lawyer safest way to get H4 for spouse is to get H1b Stamped and re-enter the country using H1B I-94.H1 amendment and other options are loopholes or are not tested yet it seems. Stamping I went to Motomoros Mexico for stamping. Got the Visa and passport the same day. Interview was like any regular H1b interview. My Employer letter, Tax returns was verified. As the officer at consulate told EAD is Department of immigration and H1b is department of homeland security. So the process is not any different than regular H1B. Additional thing happened was that she scanned my 485 application for records. All is well and good.Me and wife in Hawaii !! Port of Entry The officer at the POE has not seen any EAD to H1B before. He seemed confused on how this is even possible. Hawaii sequence paused for few minutes... Luckily my lawyer had included the AFM update Revision of March 14 2000 Dual Intent Memorandum(goes by the name Cronin Memo in forums) in my H1b application which I had and I remembered that I had it with me. I showed him the clause which states that its aliens prerogative to choose which status to be on at POE, either EAD/AP or H1b. He asked if I have my EAD with me, asked for my license to verify address. He talked to his supervisor and for my luck even he had also not seen cases with PAROLEE status switching to H1b. I saw them talking on the phone and came back apologized for the confusion and was explaining to other officers my situation. So I became part of their on-job training for few minutes. Being IT guy I can totaly relate to that.Just an new test case that passed. Got all my papers with H1b I-94 after an Hour. STATUS H1B!! Hawaii sequence in play mode... Moral of the story is getting H1b stamped is best option to get back on H1b status. Stamping experience is no different than regular H1b.Only difference is you have some peace of mind thinking you can re-enter US using AP any way. Hope this is helpful to some folks who might have their Hawai sequences stuck !! Link to comment
krialta Posted November 14, 2012 Report Share Posted November 14, 2012 Liked your statement - "So I became part of their on-job training for few minutes." its funny. Thumbs up for your experience and thanks for sharing. Link to comment
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