Advance Parole for Spouse - Family Based Immigration

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arunk333

Registered Users (C)
HI,

I am a US citizen and recently filed for I-130/I485/EAD for my spouse under the Family Based category - Concurrent filing in Chicago. Her fingerprinting was completed and she got her EAD also. She has been working on a H1B for over 3 years and her H1B is valid till June 2009 next year. We are planning to go out S on vacation. Does she need an Advance Parole to re-enter the United States ?

Question - Does H1 become void once Adjustment of status is applied??

Please help!!!! Thanks
 
H1 status is not void if someone applies for AOS one can keep working on H1 , however the EAD will give ur spouse more flexibility to change employers

your spouse can enter the country in two ways

a) use advance parole

b) get a new h1b stamp at the the us consulate

Note :

If she chooses to switch to EAD instead of being on an H1 status she MUST APPLY FOR ADVANCE PAROLE ., and the AP shud be approved before you leave , otherwise she will be abandoning her process

If she leaves without her advance parole , she has to get her H1 stamped to enter the country

However please do apply for AP , it gives her added flexibility to travel anytime

if ur spouse has never been out of status , she can easily use AP to get back into the country

hope this helps
 
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Thankyou very much for the information. Just another thing....My spouse has her H1B visa stamped on her passport and is working for the same employer. She is not using her EAD though.??????
 
Can someone applying for AOS being married to USC also apply for AP (I-131) even though no visionary intention of travel exists at the time of application?

The reason I am asking this is because the form requests dates of travel, and countries to visit for which the AP would be issued?

Any light available to be shed on this matter?

Thanks a Million.
 
You could also list C9 status (adjustment app pending).

When we did I-485 / I-131 back in 2003, we asked for parole because my father was elderly and I wanted to be able to return in an emergency should he become sick. I put my father's location but said dates were unknown. My I-131 was approved.

-ML

5/13/08 - Parent I-130/I-485/I-765/I-131 mailed to Chicago Lockbox
5/22/08 - checks cashed, receipt numbers from Missouri MSC
6/6/08 - receipt numbers not up on case status website yet
6/6/08 - out on vacation since 5/25 so not sure if notices arrived...

all, please update your timelines
 
arunk333 said:
Thankyou very much for the information. Just another thing....My spouse has her H1B visa stamped on her passport and is working for the same employer. She is not using her EAD though.??????
Click to expand...

No problem whatsoever...if ur spouse wants to remain in the H1 status till it finishes 6 years , it is fine , but after the H1 finishes 6 years , she will have to use her EAD because she cannot get her H1 extension ..but if her employer has filed a labor certification and an I-140 for her then she can still get he H1 extended , if not she will have to use her EAD
 
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Thankyou. Where do I file for my spouse's I-131 (Advance Parole) ? Is it at the Chicago Lock box center or at the local office (Detroit) ?
How long does it take for her Advance Parole to get approved ? - she is planning to travel out of the country in december 2008
(Though she is still working on H1B, I wish to apply for her AP just as a precaution)
 
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