Dependent to stay out of USA for 4 years while AOS is pending

[prasantha]

Status: Myself and my Husband are currently working on H1 with our Adjustment of status application pending and below are details on priority dates.

Application1: thru my husband's company , EB3 and priority date is July 2004
Application2: thru my company, EB2 and priority date is March 2006

We currently have approved EAD's (Valid until 2010 october) and Advance Parole documents (Valid until 2009 october). Our finger printing is also completed.My current H1 is valid until October 2009 and my husband's H1 is valid until 2010. Children have h4's based on my H1.

We travelled out of USA in 2008 and came back on Parole.

My 16 year old daughter is planning to take up a study program (6 years) for which she need to stay in India for 4 years and come back to USA for 2 more years of study. I have below questions on sending her to India for this program while her Adjustment of status application is pending in USA.

1.How long she can stay out of USA while her AOS is pending as dependent? Do we need to inform USCIS or need to take any special permission to send her to India?
2.Can we get her back to USA on advance parole after completing her 4 years of study in India?
3. As Advance parole is valid only for an year, do we have to get her back every year before her parole gets expired?
4. Can she go out of USA when her advance parole extension is in process? For ex: if AP is expiring in November this year, can we apply for the extension of her parole by september and then send her to India? This way, she will be in USA while applying for her parole, but she will not be here when the parole gets approved.. Will this be a problem?
5. Some one has suggested applying for H1 & H4 extensions and getting it stamped. My daughter started working part time on EAD. Can she go back to h4 again?
6. Are there any other alternatives ? Please advise.

 

[mmed]

1.How long she can stay out of USA while her AOS is pending as dependent? Do we need to inform USCIS or need to take any special permission to send her to India?
2.Can we get her back to USA on advance parole after completing her 4 years of study in India?
3. As Advance parole is valid only for an year, do we have to get her back every year before her parole gets expired?
4. Can she go out of USA when her advance parole extension is in process? For ex: if AP is expiring in November this year, can we apply for the extension of her parole by september and then send her to India? This way, she will be in USA while applying for her parole, but she will not be here when the parole gets approved.. Will this be a problem?
5. Some one has suggested applying for H1 & H4 extensions and getting it stamped. My daughter started working part time on EAD. Can she go back to h4 again?
6. Are there any other alternatives ? Please advise.

I did not read every thing because it is long and redundant, but some points may help
1- If you are on H and dependents keep extended the H4 status (not H stamp in passport) even if they use the EAD for sometime, they can stay abroad as musch as they can, with or without AP, with or withut stamping the passport till your I485 approved.
2- If no H1, then no H4 by convention, then AP is the way to go. Should be applied in US, come before expiration, till the new one be issued and in hand before other travel and so on (in average 2-3 months in US every year)

 

[Jackolantern]

1.How long she can stay out of USA while her AOS is pending as dependent?

Only as long as her Advance Parole or H4 is valid.

2.Can we get her back to USA on advance parole after completing her 4 years of study in India?

Only if she keeps renewing her Advance Parole until that time.

3. As Advance parole is valid only for an year, do we have to get her back every year before her parole gets expired?

Yes. Or let the AP expire, then reenter with an H4 and apply for a new AP.

4. Can she go out of USA when her advance parole extension is in process?

Not if she wants to return using the hew Advance Parole.

5. Some one has suggested applying for H1 & H4 extensions and getting it stamped. My daughter started working part time on EAD. Can she go back to h4 again?

Yes, if she has a valid H4 stamp in her passport she can use it to reenter the US in H4 status. But this also requires at least one parent to be in valid H1 status.

6. Are there any other alternatives ? Please advise.

File I-824 to switch to consular processing. When the priority date is current and they are ready to finalize her case she will be called for an interview at a US consulate in India. If this happens before her studies in India are done, she can return to the US, get a reentry permit, and go back to India to complete studies. She will have 6 months to enter the US after approval at the consulate, so she would not necessarily have to suddenly leave school in the middle of the semester in order to enter the US and get a reentry permit. And the reentry permit would be unnecessary if she only has 1 or 2 more semesters in India.