Advance Parole

[IL_LABOR]

My I-485 was approved but my wife's I-485 is still pending. She came in the country on h4 ( valid till nov 2006 ) but after sometime I filed her 485 and EAD. She got her EAD and started working on EAD , whereas I never used my EAD and was always on H1. As of today as per records I am still on h1 with my employer. He doesn't even know my A#. I never applied for AP for me or my wife

My question is:

At this point is my wife's H4 invalid? It is safe for her to leave the country without Advance Parole?

She needs to immediately go out of the country due to some urgent issue. Can I get AP for her in 1 week?

Thank You,

 

[dms]

My I-485 was approved but my wife's I-485 is still pending. She came in the country on h4 ( valid till nov 2006 ) but after sometime I filed her 485 and EAD. She got her EAD and started working on EAD , whereas I never used my EAD and was always on H1. As of today as per records I am still on h1 with my employer. He doesn't even know my A#. I never applied for AP for me or my wife

My question is:

At this point is my wife's H4 invalid? It is safe for her to leave the country without Advance Parole?

She needs to immediately go out of the country due to some urgent issue. Can I get AP for her in 1 week?

Thank You,

Her H4 was invalidated as soon as she started working on EAD. Even if she hadn't, it would have been invalidated when your I485 was approved, since that invalidated your H1. Therefore, you could say that her H4 is now doublely invalid!

This means she will need AP to travel. Whether she can get an emergency AP within a week depends on the nature of the urgent situation. She will need to go to the local office with as much supporting documentation as possible and see what happens. Unfortunately, what you consider an emergency may not be considered such by the USCIS.

By the way, you need to file a new I9 with your employer and show them your green card.