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Question Regarding H1b Petition With Consular Processing

Discussion in 'Nonimmigrant Visa Validity' started by adi787, Jun 2, 2015.

  1. adi787

    adi787 New Member

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    Hi Ron,

    I need your inputs on my case, appreciate your time and help!
    In sept 2014, I applied for H1 transfer and based on H1 receipt, joined my current employer.,
    then filed my 485 during oct 2014 and received EAD in Dec 2014. My family couldn't apply for 485 as they were not in US, but they are added on my 140.
    Now H1 transfer got RFE and the client assignment was changed. I started new assignment based on EAD, so I'm currently on EAD status.
    My employer applied for new H1 with consular processing. My petition has been approved and my family is stuck in India.
    Can my family use this approved petition (my new H1B) to get H4 visa status? OR Is it mandatory for me to go out of US and get H1B stamped for my family to get H4 visa?
    (My family has been in us for 6+ years with legal status on H4, prior leaving to India. I'm sure this doesn't matter to USCIS :))

    Needless to mention, I'm bit worried about traveling to India for H1 stamping while my 485 is pending.

    Appreciate your quick response.
    Thanks,
    Adi
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to be in H1B status before your family can qualify for H4 visas. Keep in mind that if you have advance parole, you can go to India and apply for an H1B visa. If the worst happens, and they deny it, you can return using advance parole.
     
  3. adi787

    adi787 New Member

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    Thank you Ron, I do have Advance Parole.
     

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