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Question

1) We are Indian. I am in H1B (cap-exempt), my wife is in H4 (transferred from J1/J2 in July, 2016).We did not visit India after getting H1B/H4 visa. Now, if she visits India, can she do visa stamping in India while I stay back in USA? There were no unauthorized stay for us in USA and we paid income tax every year. We visited India twice (2012 and 2015) after coming to USA in 2011 2) Our EB1A I-140-India is approved and I-485 is pending (interview). Both of us received combo EAD and Advanced parole card valid still next year March end. Can my wife enter USA using Advanced Parole without appearing for H4 visa stamping interview? In that case, I will be in H1B and she will be in paroled state.Can husband and wife stay in USA in such status (husband in H1b and wife in parole status)? 3) If my wife appears for H4 visa interview, is there any chance that H4 application will be denied because I-485 is pending?And if denied, can she use Advanced Parole in that case while entering USA?Can the officer at POE deny AP entrance as H4 has been denied? 4) Can my employer apply H4 for her later after she enters USA with AP? 5) Can someone sponsor H1B(non-exempt) for her( parole status)later?

User's Location: Houston, Texas, United States of America

Category: H1B Visa (Work Visa)