Re-entry issues

maheshiyli

New Member
blue
Hi,
My wife came to USA in 2000 initially on H4 Visa from my old employer. This is valid in her I-94 till June 2003. My old H1 B Visa expired on May 2003. Offcourse I have an approved H1 B visa from another employer which is valid till 2005. Now coming to my wife's case , after she entered USA on H4 Visa she applied for her H1B visa and and meanwhile she did have one more H1 B visa approval which is valid till 2005, but neither of the two H1B Visa is stamped in her passport. She did work only till December 2002 and the last paystub she carries is in the month of January 2003.She delivered a baby on April 2003 and so does not plan to work atleast for now. She also plans to visit India since she has got the Advance Parole approval and also her EAD too. Now my questions are
1. Since she is not been working since January 2003 till date even though she is on H1 B Visa, will this make her status illegal?
2. Can she leave the country and re-enter just on her Advance Parole and her EAD ?
Now in case if there is any issue with re-entering back again on Advance Parole, the question of she going on her H1B Visa and getting that stamped in India may not be possible as her employer would not support her and the relation is not well.
Do you suggest that I get her converted to H4 Visa from my current employer, but that would definitely take not less than 4 months and it would be very much inconvenient for her to stay back.

Guess you would definitely take this as a priority issue and help me advise accordingly.
Thanks In Advance
 
A couple of questions first; 1) Did she quit her job or is she taking a leave of absence? 2) How did she get the EAD and Advance Parole? 3) Did you file some forms for her and what is your status here in the US?
 
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