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**desiguy** · 06-07-2004, 05:10 PM

Hello All,

Here is my situation---

I'm on H1-B visa status . I went to India few months back on Advance parole and come back to US. However, when I was in India, I got married. I applied for my wife H4 visa, and she got refused under section 214(g).. The reason was my H1 VIsa is not stamped on my passport..

After reading this discussion form, I thought H1 Visa is a travel document and I797 form is an approval notice. Is it true that you have to have H1 Visa stamped on your passport to apply for H4 Visa.

My AP And EAD Card is approved, and waiting for I-485 approval notice

Please provide me your feedback...

Thanks in Advance!!!

**mohan** · 06-07-2004, 06:14 PM

yes ,
You said you are waiting for I-485 approval, it means you are already on EAD you are in the middle of adjusting of your status in that case you cannot produce the Nonimmigrant status, unless it was renewal and stamped on your passport.
H1B is Non-immigrant visa and Once you entered and try to adjust after LC you are under intermediate stage, as you still work to your sponsor company, you are allowed to go on advance parole. if you have extension you can come back on advance parole but not your dependents( AP not only applys to H1b, BUT OTHERS ALSO, for example aliens who are adjusting under 245i,( CSS/LULAC) can get AP and travel abroad too, The don't need to have any type of visa etc.)
you have to prove your requirement of Non immigrant visa first to get H4.

**desiguy** · 06-08-2004, 11:02 AM

Thanks Mohan for the response,

Based on your feedback, she is unable to come on H4 Visa Unless my H1 Visa gets revaild or stamped on passport. Do you suggest another alternative?

I hope that V-Visa Law get passed for GC Holder...

Thanks again

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