Travel w/o advance parole??

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from_rep

Registered Users (C)
Hello,

My 485 is pending for more than 16 months and have filed for 8th year H1B. Both my wife and I have EAD. My wife used her EAD, while I have H1B & filed for H4 extension for her too. If we have to travel, should we both need Advance parole or can we travel in H1B & H4 with out advance parole at all?? Please share your thoughts!! :confused:
 
You can travel on your H1/H4 visa. I am assuming you (H1 holder) have not used your EAD card.

However, you both would need a valid H1/H4 visa stamped on your passport for reentry. While you can have that stamped when you are out of the country, I read today that someone had trouble getting it immediately, as the visa issuing post had to wait for security clearance. So plan for that delay, though that delay maybe country specific. Better to be safe than sorry! :)
 
This is not an expert opinion. But from what I understand, since your wife has used her EAD (for employment), she cannot be in H4 status anymore. She'll have to get Advanced Parole before travelling outside US.
 
j1234, I doubt it since H4 is entirely seperate status from 485. I am not sure either, but someone told me if she gets a visa stamped, should be able to travel...

Does that mean if you use your EAD, you lose your H4 status??? Reason is, when i extented my H1, my attny extended her H4 also. When I questioned, she mentioned it does not matter???

I am confused...:confused:
 
If your wife used her EAD i.e., she worked on EAD, her H4 status is no longer valid. You need to tell this or inform to attorney. There are two things you need to keep in mind, having EAD is entirely different from using EAD. You can have EAD and maintain H4 status but if you use EAD to work, your H4 status is invalid. In that case you need to have advance parole to re-enter the country.
 
If your wife used her EAD i.e., she worked on EAD, her H4 status is no longer valid. You need to tell this or inform to attorney. There are two things you need to keep in mind, having EAD is entirely different from using EAD. You can have EAD and maintain H4 status but if you use EAD to work, your H4 status is invalid. In that case you need to have advance parole to re-enter the country. You need to inform your attorney that she used her EAD.
 
I agree with coolboy. Once EAD is used then I think that person looses his h1/h4 status and need to have AP for re-entry. This is my understanding. Better consult with an attorney.
 
Thanks for your input..But my attorney says, my wife can still travel in H4 since it is independant from 485 process. I made clear that she has used her EAD..As a matter of fact, she advises to travel in H4 only...I am confused to hell now....:confused: :confused:
 
Don't get worried or confused too much.. Trust your attorney and they are 98% correct and if we are unlucky we might fall under that 2% and we get frustrated. But I think the best option is to have advance parole and come back on it. This is done by lot of my friends and that is truely valid.

What your attorney is saying is H4 is independent of 485 process, but EAD and AP are part of 485 process. So EAD is dependent on your 485 application and when you are using that which is dependent on AOS, you are in AOS and you are no longer on H4. However if your wife is having H1, that is entirey different and she can very well travel and comeback using her H1.
 
This is what I am finding out..Not sure. If the person in H4 who has an EAD and used the EAD is still in H4 status. If he/she travels with out an advance parole, still the person can enter in H4 visa stamped from that country. Only thing is that person won't be able to use EAD until the GC is approved, since the EAD becomes invalid! This is my lawyers interpretation...Can I assume it is true??? Please clarify.....It is making me sleepless...
 
She is in H4 status as long as she does not use EAD. Once EAD is used, she is in adjustment of status. She loses H4 status. If you are in H4 status, you cannot work. But if you are in AOS, you can work using EAD. H4/H1 status is lost once EAD is used. Otherwise there is no difference between H4 and AOS status if you are able to work being still on H4. That is incorrect. You will lose H4 status once you use EAD and you are on AOS.

Going from there, yeah.. once you enter US using H4, she cannot work per your attorney and I am with it. However you can show EAD and work and ask how INS knows that I am working on EAD whereas my I-94 says I am on H4 and that is up to you.
 
The link clearly says this:
Similarly, H4 and L2 are non-working statuses, so if such a person begins working with an EAD, then he or she would need advance parole to travel.

Which is basically she needs AP to travel.
 
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