AP question - Urger Please

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Registered Users (C)
I am on H1 and my wife is on H4. Both of us got EAD and AP. My wife is working on EAD, but I am not working on EAD. I visited India recently and re-entered using my H1 Visa. (I forgot to use my AP, eventhough I was having with me). Will it abondon my case or mine is independent of my wife. Please help

Thanks in advance
Raguraman
 
Using H1 does not abandon 485.

Even if you have AP (and have used EAD!!). But for your wife, she has to use AP.
 
Is she used EAD, then she should use AP not H4 unless

she does not want to work any more and she thinks it is safer to go back to H4 (and H4 is valid). Not a recommended course of action.
 
Can not enter on H1 if you have parole

This is my experience. immigration officer refused to admit me on H1 because I have valid parole.

I have a valid H1 on passport and advance parole, and my wife is had EAD/parole. At the port of entry of entry in NYC, immigration officer said I have to enter only on parole and can not admit me on H1 if I have to continue with my 485. He said, H1 is a temporary visa and pending adj of status is a permanent status, and so if he has to admit me on H1 (temporary visa) he needs to cancel my 485 (Permanent visa) and entire GC process has to be redone. After much arugument, I had no other choice and so he admitted me on parole. I do not have an valid EAD. So I thought I can not work.

My attorney said that is not the rule, one can be on H1 even when adj of status is pending. He contacted the officers at atlanta airport, and they refused to change my I-94 to h1 status but they said that I can legally work with out EAD even when I am admitted as a parolee with a approved H1.

I am sure if this is correct, but I myself spoke to officer at the atlanta airport and he said the same thing.
 
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