Urgent help with AP

R

rajeshGC

Registered Users (C)
Hi everyone

My I-485 is pending from last one year. And my H1B expires in December 2003.I got laid off in February 2003 and ever since then I am working on EAD with another Employer and have not informed about it. this all happened more than 9 months after my EAD was filed so I am fine with changing the company and working on EAD (I hope so).My wife is also working on EAD from Last 9 months

Now my wife has to urgently leave for India and her Advance Parole expires on June 15 2003 and applied for renewal in person but they refused to give it over the counter and said that it would take at least 30 days.

Now my questions are

1. Could she leave the country immediately and once I receive renewed Parole, I could send it to India and she could enter USA.
2. Would it be legal for her to walk out of USA without approved Advance Parole and will it effect my GC
3. The Lady officer at the INS local office suggested that she could go on H 4B visa but she didn’t know that I am not with the same employer who holds my H1B.So I would like to know if by working on EAD from last three months would have automatically cancelled my H1B.
4. How safe it would be for my wife to try to reenter USA using H 4B because if my H1 is not valid then even H4 also won’t be valid.
5. Since my wife was working on EAD from last 8 months, would her H 4 B would have got cancelled.
6. Finally is there apossibility that while entering on Parole,the officer might notice H4B stamp on passport and validity till Dec 2003 and question as to why is she using Advance Parole when she has H4B

I will really appreciate you help.

Kindly suggest

Thanks and regards
 
1. Could she leave the country immediately and once I receive renewed Parole, I could send it to India and she could enter USA.

The rule is if you leave without AP, then BCIS may consider that you have abandoned your AOS application. And in your case your wife may have to do consular processing.

2. Would it be legal for her to walk out of USA without approved Advance Parole and will it effect my GC

See reply to question 1. I have not seen anybody posting saying they have done it even though many people had posted the same scenario before.

3. The Lady officer at the INS local office suggested that she could go on H 4B visa but she didn’t know that I am not with the same employer who holds my H1B.So I would like to know if by working on EAD from last three months would have automatically cancelled my H1B.

As both you and your wife are using EAD, your H1B and her H4B are invalid. You know that, H4B holders can not work so she has to work with EAD. As a result she is no longer in H4. She is considered AOS.

4. How safe it would be for my wife to try to reenter USA using H 4B because if my H1 is not valid then even H4 also won’t be valid.

Puerly unsafe.

5. Since my wife was working on EAD from last 8 months, would her H 4 B would have got cancelled.

Yes

6. Finally is there apossibility that while entering on Parole,the officer might notice H4B stamp on passport and validity till Dec 2003 and question as to why is she using Advance Parole when she has H4B.

If the office is blind and not doing his job. Looking at his computer, he should be able to say that she is no longer in H4. That is how it should work unless INS still has some problem (remember issuing F1 visa for one of the hijacker after 6 months he flew the plane in Twin towers).

I am not trying to discourage you but these are the facts. You may wanna ask somebody or may be somebody will answer of the following scenario:

"Did anybody travel without AP, and then the spouse mail out the AP back home and the person come back to USA".

muntasir
 
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