Looking for an answer to my confused friend.

[vidram]

(1) Applied 485 while working on H1 - Nov \'01
(2) Wife and kid left to India on vacation with the H4 - Nov \'01
(3) Layed off while on H1 - Dec \'01
(4) Applied for EAD and got the EAD with 485 receipt - Feb \'02
(5) Still not employed anywhere and still in US looking for a job
(6) Parole not yet applied for anybody
(7) Airline ticket for wife and kid expires - 18th Jun \'02. If not travelling back to US entire ticket fare is LOST.

Question:
1.Should the wife and kid travel back to US with H4?
2.Should the wife and kid travel back to US with PAROLE?
3.If an immigration officer asks the wife where his husband is employed? What should be the scenario?

 

[CPers]

Your friend can certainly look for some advise on this forum but

the best option is to talk to the lawyer

 

[Moulin Rouge]

No Title

I agree.. This is really complex. A wrong move could screw up things (even worse).

Basically, your friend cannot send parole abroad. His wife should have had it before she left. That would have been the best safeguard. However if she has a valid H4 visa and a 485 receipt, she should be able to enter back stating that she is in AOS.

Thats my $0.02.. You really need to consult a lawyer.