485 and 131 - urgent - please reply

[neil1200]

My wife is on H1 visa and I applied for her Adjustment of Status visa (485 and 130). She also applied for I-131 (Advance Parole) so she can travel outside of USA to visit her extremely sick mother. The 131 is with National Benefit Center (NBC). We checked the processing date and it's beyond her receipt date (by 15 days) but she still hasn’t received anything. When she called the 1-800 number, they are saying that her application is still not processed. She wants to go and visit her mother ASAP, what can we do now??

She is on H1-B but she wants to go and be her mother for more than a month so she is planning to go quit her job. Thus she needs 131 to travel.

We will appreciate any advice or tips.

Also, after she gets her 131 and re-enters USA based on 131 and she is not on H1-B visa, is she still legal while her 485 is being processed??

Thank you in advance.

 

[merovingian]

If she is on stamped visa, she should not need AP. If returning on AP with valid H1 - status/visa, as long as she goes back to work to the same employer with same conditions of labour,and no use of EAD, no problems there.

I have an idea for you how to check AP status with immigration officer...
I would call national center, would request to speak with immigration officer ( by saying that she already spoke with one, and got cut off in the middle of conversation. She was discussing about expediting her HP due to the health of her mother). And when speaking with immigration office, ask what's up and ask to convert to expedited processing. Hopefully it will work and he will ask to fax some prove of emergency.