Forced to use AP by immigration officer at Port of entry - please advise

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EADAPLT

New Member
While I was traveling back to the US from India, the US immigration officer, at the Abu Dhabi airport today at around 8:30 am local time, said that I was only eligible to be either deported or paroled into the country. I had to reluctantly agree to parole as I didn't want to get deported.

When I first presented my documents, I kept my passport open at the H1B stamp page so that the officer would admit me using my valid H1B visa.

I didn't actually present my AP/EAD card to the immigration officer. My EAD/AP card was hidden in a pocket of my passport case/coverShe dug it out of there when she was inspecting my passport and then said that she was now obligated to use it to admit me. I was informed that since my AOS application was pending and because I had a valid AP, I could not use my H1B visa anymore
I informed her that I wouldn't like to use my AP/EAD card and that I needed to use my valid H1B visa to enter the country. I also escalated the matter twice to two of her supervisors but I got the same answer.

I had plans to get married outside the country and admit my spouse into the country on a dependent H4 visa without any considerable delay. What does my parole entry do to my plans now? - Can I still keep my H1B status? Was I misguided by the immigration officers? If so, what can be done to remediate? Please address my situation with priority at your earliest convenience.
 
As long as you continue working with same H-1B/I-140 petitioner you can reinstate H-1B at future date if need be even though you were admitted on AOS pending.

I am wondering why they suggested that you could be deported. Do you violated H-1B status in the past ?

As you have plans to go home to get married, after marriage have your wife go to US embassy to get H-4 visa stamp.

When your wife goes for H-4 visa interview you need to provide your past few months pay stubs, marriage certificate, h-1b approval notice.

When she is in US on H-4 status, you need to check if your priority date is current, if yes she can file I-485.
 
I want to add that the Cronin memo from 2000, item 5, states that it is up to you to decide whether to be paroled in or admitted on your H/L visa:

5. Should an alien returning to the United States from travel abroad who has a valid
I-512 and a valid H-1 or L-1 nonimmigrant visa be paroled in or readmitted in H-1
or L-1 status?

If an alien has a valid H-1 or L-1 nonimmigrant visa and is eligible for H-1 or L-1
nonimmigrant status and also has a valid Form 1-512, he or she may be readmitted into
H-1 or L-1 status or be paroled into the United States. It is the alien's prerogative to
present either document at inspection. However, if an alien presents both a valid H-1 or
L-1 nonimmigrant visa and a valid Form I-512, and the alien is eligible for the H-1 or L-1
nonimmigrant classification, the Service should inform the alien that H-1 and L-1
nonimmigrants no longer need to use advance parole to preserve pending applications for
adjustment of status and should admit the alien in H-1 or L-1 nonimmigrant status. The
fact that an alien has applied for advance parole and received Form 1-512 does not
compel him or her to use the advance parole.

If the alien is not admissible as an H-1 or L-1 nonimmigrant, then he or she cannot be
readmitted as an H-1 or L-1 nonimmigrant. Instead, such an alien may be paroled into
the United States.
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