Hi,
I am currently on H4 visa and also have TPS with EAD. I am planning to go to canada with advaced parole document. So, when I go outside US and come back with advanced parole, does my H4 status gets violated ? Any insight would be highly appreciated.
when you say Advance Parole, I assume that you applied for AP through TPS. Since you Current status is TPS, you can leave the country with AP and re-enter US (POE officer decide your faith whether you are allowed to re-enter or deny). AP does not mean 100 % chances of re-entering the US, its not a VISA. So there is always a risk to travel through AP while on TPS. Going to home country under emergency condition (proof needed) might be strong reason to support why you need to travel but going to CANADA ? Afterall, its your decision and I would suggest to consult Lawyer before taking any decision. Your H4 will not be affect while you remain in TPS and travel through TPS with AP, your previous status still remain as long as H1B (your primary H1B status holder, may be your spouse in this case) is valid. There is no risk on loosing H4 status but I see issue in re-entry to US.
I believe H4 will not be valid as soon as one have TPS with EAD that according to research i have done. But again please do more finding. Let us know on this.
Thanks
both are wrong , you TPS is not a status thus your H4 will be valid. How I know ? ..because I'm one of them.
With AP you can travel without a visa and comeback during the time period mentioned in the document. actually it is better than a visa , In an AP document it will be clearly written "please allow ......to enter United states upon presentation of the document " How I know ? Traveled multiple countries in AP.
Then Please enlightened us, "what did you do or, how did you make sure your status is still valid H4? again I am not arguing here one can travel or not in TPS. I am just answering portion of question " does my H4 status gets violated ?". . Let me know if anything.
Thanks
How about travelling in H4 itself, as long as H4 is valid? You have a valid H4 visa, why you need AP to travel? As long as you haven't used TPS EAD, you are still on H4. Everything comes into gray area once you use your TPS EAD.
Simple answer: Your H4 Status is a dependent status of H1B. As long as H1B is valid, your H4 is valid. Now, traveling in AP through TPS, your H4 status is NOT voilated. You can travel anywhere, but the question is will you be able to re-enter US with AP ? The answer is 'Nobody knows' as AP does not guarantee you to re-enter at POE. Decision is entirely at the discretion of the officer at the airport to allow you or deny re-entry (which is again based on your immigration status and history). Note that every case is different. If someone has no problem re-entering the US with AP, that does not mean its application to all. So, like I said, please consult lawyer before leaving US. As far is your question of H4 gets voilated, it will not be violated. Once TPS is expired, you will be back into your H4 status (provided H1B is valid). Hope that answer you question.
In response to OHIO's suggestion:
How about travelling in H4 itself, as long as H4 is valid? You have a valid H4 visa, why you need AP to travel? As long as you haven't used TPS EAD, you are still on H4. Everything comes into gray area once you use your TPS EAD.
My Question: Do you think your active status is still H4 if you have not used TPS EAD ? Did anybody check their current immigration status who got TPS. If I am not mistaken, TPS does not give you any status, its a temporary status but once your TPS is approved, you are currently on TPS and H4 is on hold. So, I do not think you can travel through H4 and re-enter US using H4. I agree, its a grey area and interpret differently. So, I would still suggest to consult lawyer to confirm.
@neerman- My wife entered on H4 and has TPS-EAD (Not used) while entering from Nepal. As a precaution, she took AP too but was not asked. There was no issue with it, I think it all depends on immigration officer, how he wants to let you enter into states.
Once you have been given TPS, won't your status be H4 with TPS. Is there any reference links that you can share where it mentions that H4 will be on hold when you are in TPS status?
Last edited: 10-Jun-16 04:16 PM
Last edited: 10-Jun-16 04:17 PM
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