EAD + advance parole + valid H1/H4

[michael_myca]

TRAVEL ABROAD (EAD + advance parole + valid H1/H4 )

I have a EAD and advance parole as well as my H1B/H4 is still valid. My wife( she is in H4) has to travel to India and stay for 5 months. As per the AP, she can stay only for 30 days.

Can she use the H4 visa alone, and not show the AP at the port of entry after 5 months. Is there any message/info posted in the INS site.

Please advice.

Michael

 

[jbm]

Re: TRAVEL ABROAD (EAD + advance parole + valid H1/H4 )

IF you or your wife never used EAD (for work) and you mainatin h1 status, then she should be able to come back on h4 without any problem.

in my case our EAD/ AP was approved but we didn't have hard copy, and we sent our passport for h1/ h4 visa renew / stamp in india and come back without any problem in dec 2002.

I hope this helps.

ps. i am not sure in AP you can stay only 30 days, better check with legal expert/ or lawyer. (it's good for year after issue)

JB

Originally posted by michael_myca
I have a EAD and advance parole as well as my H1B/H4 is still valid. My wife( she is in H4) has to travel to India and stay for 5 months. As per the AP, she can stay only for 30 days.

Can she use the H4 visa alone, and not show the AP at the port of entry after 5 months. Is there any message/info posted in the INS site.

Please advice.

Michael