Advanced Parole - Help Please

[GeeSee]

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.

 

[rawager]

If you have never used your EAD to obtain an employment and if she has a valid H4 then she can use that. If you have used your EAD then her only option is to use the AP.

No she does not need to work to use AP. AP is an option if for some reason your H1/H4 is expired/invalid.

Ask your attorney to read up on the laws/rules.