Advanced Parole quick question

[mohitsharma5]

Advanced Parole related questions

I have GC and my Wife has a Advanced Parole, EAD and a pending I485 which I filed for her on my behalf.

Her H1 expires will expire in 2 months and her employer does not want to file for H1 extention for some reason.

Can she reenter USA using her AP without having H1 extention (filed)?
On re-entering, if they stamp I-94 for 1 year based on AP, then she can legally stay in US till I-94 expiration date only?
She can work on EAD, without ever applying for H1?



Please advise.
Thanks
Mohit

 

[jack23]

From your post it seems like you had applied for your 485 then got married (on H1) and applied for your wife's 485 when the priority date got current but your 485 got approved and her's hasn't gotten approved yet.

Anyway, to answer your questions,
Yes, she can re-enter using her AP as long as her 485 is pending
The I-94 is stamped for 1 yr but her status is "Pending 485 approval" which allows her to stay in the US as long as she wants to. The 1 year one the I-94 doesn't apply. But if she has to travel again, she should have a valid AP.
Yes she can work on EAD for any employer.

 

[voldemarv]

The I-94 is stamped for 1 yr but her status is "Pending 485 approval" which allows her to stay in the US as long as she wants to.

Just a remark, the status called "Authorized stay by Attorney General". There is no such status as "Pending 485 approval"

 

[mohitsharma5]

Jack23, your interpreted it correctly... Thanks for your input.

 

[jack23]

Thanks voldemarv, for correcting me. I guess the "Pending 485 approval" is just a layman's term.