Travelling out of country when I-140 is pending

[SwapnaLucky]

Hi All,

My status is J2 Visa (Husband-J1).
The Visa stamp has expired (dated Jan-2008).Applied for J1-Waiver,and got approved.

We have applied for the Green Card. Received the EAD and Travel Document.
Currently Waiting for I-140 approval. I am working on Green Card EAD.

As a back up plan husband applied for H1 and I applied for H4 Visa.
The Visa got approved.It has not yet been Stamped.

Now We have to go out of country for 10days.
When we return back we can no more use J Visa as we have received Waiver.

My question is

1. Can i enter the country with (expired J2 Visa Stamp) (Not-Stamped H1 Visa) Green card AP(Advance Parole)
2. Is there any risk involved while entrying the country in this situation.

Please provide your precious feedback.

 

[jk0274]

Well, you can only enter the country in one status, or as a parolee. In this case, if you don't have H visa stamps, you will have no option other than to use your Advance Parole documents. Once you do so, you will be "parolees" and have no non-immigrant status - which is fine but you have to use your EADs to work (as you are now). If your husband is working for a H-1B sponsor after he changed his status to H-1B, he can continue to work for that sponsor without an EAD but will have to renew his H-1B document before it expires - once he renews it with USCIS, he will be back in H1B status.