Travel abroad afetr submitting I-485

S

sun121894

New Member
Hi all,

Thanks in advance.
I am wondering if somebody can help on this:
I am getting ready to submit I-485(employment based EB2). My wife plans to
go back to China later this year. She is currently on H-1b status which will last
until January 2004. She doesn\'t have H-1b visa on her passport. My attorney
suggests that she gets advance parole to reenter US. My attorney said my wife\'s
H-1b will not be affected by entering US with advance parole. However, I am still
not totally convinced. If my wife enters US using advance parole, will she then be
in paroled status (or adjust status) and needs EAD to work in her current company?
Of course we would prefer to keep H-1b status to be on safe side.

Thank you for any responce.
 
No Title

You need AP to travel only if you are on EAD and have got your h1B Cancelled. If thats the case then she can go, however its still better to have an AP before travel.
 
No Title

Since you said you are planning to travel later this year, your wife probably has enough time to get the H1 visa stamped on the passport. You can mail your passport along with the H1 approval to state dept in Washington and they will issue the visa. Last time I checked, this took about 1 month to do.
Talk to your lawyer about this option. Most people advise getting as EAD but maintaining H1 status if possible.
 
No Title

I understood from my attorney that, if you have AP you are then out of the H-1b status. But if you obtain EAD you are still under H-1b with your company. Any comments on these statements?
 
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