Adjustment of Status issues

C

cdza1971

New Member
Hi,

I am presently working in Canada as a permanent resident. My wife is working in the US on H1B.
We got married in March 2007 and now her priority date has become current and we need to apply for Adjustment of Status (AOS).
Her lawyers have recommended that I come in on H4 so that they can file my AOS along with hers. They will be filing I-485, I-131, I-765 (for EAD), G-325A and G-28 all together .along with medical test
I do not want to resign from my job here until I get my EAD in the US so that I can begin working over there.
Can I go into the US on H4, take my medical test , submit my papers to her company lawyers, and then immediately leave the US, so I can continue my job here in Canada?
I am confused because I heard that I cannot leave US until the receipt of AOS is received. Others tell me I cannot leave until I get the Advance Parole approval.

Please can you urgently clarify / advise?

Thanks in advance
 
If you come to the US and file for Adjustment of Status you can not leave without an Advance Parole or you would be abandoning your petition.
 
Technically, he can travel as he has H4. The reason people says to wait for receipt is to make sure the application is accepted.(you never know what happens during mail delivery. It might be lost somewhere in black hole).
 
boatbod said:
they automagically get cancelled.
Click to expand...

Lol, did you mean that word or was it a type-o? :D

Anyways, I was not sure wether he has an H4 or not. Like I said, if he does, then he can use it for that purpose.

But if he does not, simply stated he can not leave the US with his AOS is in process unless he has AP. :cool:
 
boatbod said:
Correct. H1/H4 visas remain valid throughout AOS until the first time you reenter the US using Advance Parole, at which point they automagically get cancelled.
Click to expand...
That's not correct. H1 remains valid even after entering on AP if applicant still works with sponsoring employer.
 
You do not need an AP. You will not lose your H-4 status as an AOS applicant.

cdza1971 said:
.
Can I go into the US on H4, take my medical test , submit my papers to her company lawyers, and then immediately leave the US, so I can continue my job here in Canada?
Click to expand...
 
You must log in or register to reply here.
Top