sivashankarapandian Posted January 13, 2013 Report Posted January 13, 2013 My wife is traveling to INDIA with her H4 petition approved.If she goes for stamping and her visa is rejected or delayed can she use her advance parole to come back to US .Is that mean I have to move to EAD or its not needed and what status she will be if she is using advance parole will she be in EAD or H4. I am in the 5th year of my H1b recently approved till 2015.
pontevecchio Posted January 13, 2013 Report Posted January 13, 2013 H4 is merely a status. Nothing called a H4 petition. HER H4 visa is totally dependent on the credibility of your H1 status and nothing else. If her H4 visa is rejected based on credibility or lack of , of your H1 status she can come back on the basis of the AP. It is immaterial as to whether she returns on AP or H4 status. I
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