Advanced Parole - Help Please

G

GeeSee

Registered Users (C)
I am on EAD, My wife has an EAD too, but she does not work now. She is planning to go to India for a month. My lawyer says that she cannot use the Advanced parole to come in as she is not working. Is that correct? So, do you have to be employed to use the Advanced Parole to come back to US.

Please gurus, help us out.
 
That's not correct. There is no link between EAD and AP. It's upto you to get an EAD or AP while you are in AOS. What if you have AP and no EAD? Can she travel? I am also in the same situation you are in and my wife is using AP for travel.
 
Here are my thoughts ...

GeeSee and I485WAITPLUS,
Here is a snippet from the chat dated 09/23/02 from
www.murthy.com

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Chat User : Hello, Ms. Murthy. If a person uses H-1 for travel and the spouse uses AP, does it mean that upon return we can no longer use H-1 and have to use EAD? Please advise. We have heard mixed opinions.

Attorney Murthy : If the principal returns on H1B the spouse is eligible to return on H-4, or on AP if the spouse is working on the EAD. On the other hand, if the principal enters on AP, then the spouse can no longer maintain H-4 (since that status depends on the H1B), unless the principal again changes back to H1B status by filing an H1B extension or amendment, etc.
---------------------------------------------------------------------------------

So, to answer your question GeeSee, your wife will have to
use AP for travel as you are using your EAD. Note that you
will also have to use your AP while travel.

DISCLAIMER: I am not a lawyer. Please consult a competent
lawyer for sound advice.


Regards,
OHLad
 
Thank you OHLad, I485WAITPLUS

I understand the situation better now. Obviously what my lawyer says is correct. Because, though i have an EAD, i have never used it as i have been on H1 till now. My H1 and EAd is expiring in november 1st week. I have applied for EAD renewal which i havenot gotten yet. But i havenot filed for H1 renewal yet, but i may have to as i do not expect EAD renewal any time before december 1st week, so that i can work until i get my EAD renewal.

In essense, as neither me or my wife have effectively used EAD, she cannot use her AP when she comes back.

Well, i did not mean to confuse you guys. I really really appreciate you for your responses.

Thanks again, Goodluck all

GEESEE
 
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