EAD VERSUS H1/spouse

D

DRVR

Registered Users (C)
I have a valid H1b until 2006 december
I have a I485 and I 140 which is pending. I have a valid H1b and I also have EAD/ ADVANCE PAROLE.

I UNDERSTAND THAT I CAN USE H1B OR ADVANCE PAROLE AND IT DOES NOT MATTER. My question is that if my wife uses Parole on her return would it make me use the parole on my return on a later date or H1b is ok as it is on the passport and I have not changed the employer. We filed for I485 concurrenty and she filed it as my spouse.

thanks again
 
DRVR said:
I have a valid H1b until 2006 december
I have a I485 and I 140 which is pending. I have a valid H1b and I also have EAD/ ADVANCE PAROLE.

I UNDERSTAND THAT I CAN USE H1B OR ADVANCE PAROLE AND IT DOES NOT MATTER. My question is that if my wife uses Parole on her return would it make me use the parole on my return on a later date or H1b is ok as it is on the passport and I have not changed the employer. We filed for I485 concurrenty and she filed it as my spouse.

thanks again
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In my opinion, your wife using AP has no effect on your H1/AP and you can use whichever you prefer. I will suggest you post this question asking if some one has been in this situation, and that will give you more confidence if some one posts his/her personal experience.
 
no difference

hi there,

if your wife uses AP to reneter, it bears no relation to you , even if she is your derivative. the two are separate. As long as your H1-B is still valid, you can continue to use it as your method of entry irrespective of her status. If she uses AP once, she will not be able to reuse her H4 status based on your valid H1-B. This was our situation, although we were not concurrent, everything else is the same.
 
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