Can any one help me on this!!! Please.................

[Prachet]

Hello Guru\'s,
                      I am in a situation where my I-140 is approved and I am Planning to apply for my 485 and I plan to go back home
   (INDIA)
   for a vacation. Do I need my Advanced Parole before I go (Taking that I go after my 485 is applied). I have an Valid H1 visa.
   Can I use the
   H1 visa to come back or will it be a dual intent. Please clarify on this. Are there any one who have done this way. Is it legal
   and is this Legal to do.
   Please clarify,
   Venkataramu

 

[s_satya]

No Title

I went thru this process and was in a similar situation before. Just like many otehr situations, the law is very nebulous in this situation as well. The general consensus is that it is ok to travel after you get the I-485 receipts either with a valid H1 visa stamp or an approved Advance Parole.
Some folks have tried the travel before the I-485 receipts were received but never got clear answers on it.

 

[Prachet]

No Title

Thank you S_Satya. So I need to make sure that I have a valid reciept for the I-485. One more question.
I Plan to apply for EAD and Advanced Parole for my wife so that she will have an oppurtunity to work. If she does not works will she still maintain the non immigrant status (H-4). Will the EAD and Advanced Parole will become effective only when she goes to a job with the EAD and asks the employer to fill the I-9 form? So my understanding is even if one gets and EAD they will not lose there nonimmigrant status until they find a job on that right??? SHe can travel with the H-4 and not use the EAD if she does not find a job.
Please can u clarify on this
Venkataramu