Advanced Parole and 7th yr extension !@#$?

[blr001]

Folks,

I recently received an RFE on I-140 ("Ability to Pay" and "Acquisition/Merger" related) and we haven't replied for the RFE still! May be our IA will respond in the next week or so.

My 6 yrs in H1B completed last month and have applied for the 7th yr extension. I guess it'll take sometime to get the H1B!

We have an approved EAD and AP.

With the above background I, have the following questions.

1. My wife needs to travel to India next month and I'm confused whether or not to use the AP to travel at this time?

2. If she uses the AP to travel what are the consequences?

3. Since we haven't received the 7th yr extension H1B (and H4) still, do I even need to worry about it ?

Please share your experiences, thoughts and opinions.

Thanks

 

[summit]

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It looks there are too many things going on at once.

Your wife can use the AP to travel and come back. BUT, due to the RFE on your I140, if USCIS denies (hope not) your I140/I485 application, there might be a problem that the EAD/AP will be automatically invalid.

I am guessing since you just sent out for H1 extensioin, you donot have a valid visa stamp in your passport. Since you donot have this as a backup either, it is more of a problem if you travel out of the country.


Suggestion:
If possible, can you use the premium processing (you can convert to this if you currently applied regular process) to get the H1/H4 visa done. This will get your visas approved in couple of weeks. Now, your wife can take this H4 visa papers when she travels and get a visa stamp while she is there.

This way she will have the AP papers when she comes back. In addition, if your I140/I485 gets denied, she will have the H4 visa stamp as a backup.