kaski123,
Had you and spouse already switched to EAD when you went to India? If you were on H1/H4 at the time with a valid entry visa in your passport, you should not have used your parole visa.
The fact that your employer filed for an H1/H4 extension for you seems to tell me that you never really exercised your EAD for employment which would mean that your status should still be H1/H4.
I would recommend you talk with your immigration attorney before responding to INS.
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Friends need some of ur valuable time to read this,
Am July'2002 485 filer and need help about the query I got from INS:
We got our AP,EAD in october and we went to India and came back on PAROLE status at the port of entry. After entring my emplyer filed for H1 and H4 extension for myself and my wife.
We got the query for H4 extension saying:
1.Submit evidence to establish that you have a residence abroad to which you intend to return.
2.Please submit a legible photocopy of the personal data pages of your passport, the visa on which you last entered the United States, and the latest United States admission stamp in your passport.
3.Submit a statement in which you describe your intension concerning departure from United States.
4.Submit evidence that shows that you are in possession of a return transportation ticket, which identifies your exact departure date, in order to secure your departure from the United States. A ticket showing a prior flight not taken or an open ticket WILL NOT establish your intent to departure the United States.
and then by error or with someother reason INS approved my H1 visa, this contradicts as Parolee Status, as we enterd at Port of entry showing my AP.
We want to respond to the INS saying we want to stay on Parolee status .
Please help us with your valuable suggestions and comments.
Thanks in advance.