Advance payrole expired while in India - Please help

[yr3645]

My daugther went to India in Aug 2008. When she left to India, she was on H4. She had a valid Advance Payrole also till Oct 2008. As she was on H4, I did not apply her advance payrole .She did not come to USA till now, as she is going to school there. In March 2009 my employer cancelled my H1 and I started working on EAD. Now I want to get her to USA during her summer vacation for 2 months. My H1 is no longer valid and she does not has the advance payrole.Can you please suggest me the available options to get her to USA.
I was going through the instructions of I-131(Advance Payrole) document. There are some details related to Applying the advance payrole for a person outside USA.
Can we make use of this option or do we have any other options as well.
Please let me know

 

[jk0274]

Your best option is to somehow regain H-1B status (through current or new employer), then have her apply for a new H-4 (if she's otherwise eligible age-wise and otherwise). I don't see how else you can easily get her back.

The option to apply for Advance Parole (not payrole) for people abroad is for those who need to come to the US for an emergency and cannot wait for visa processing. This option does not apply to those who want to return to resume a pending AOS application. For people who intend to resume an AOS application such as your daughter, the AP must be approved before departure from the US, and she must return before it expires. Since she does not have a valid AP, and since she is also not eligible for an H-4 visa, USCIS may in fact deem her AOS application to be abandoned.