Urgent : Travel To India

[iio]

Hi!

  I have a valid H1 and my wife has a valid H4 till April 2001. Also my wife is working with AD. My I -485 ND is March 23 2000 . I want to travel to India . Do I need Advance Parole.

 Thanks

 

[Thomas Dev]

No Title

You don\'t need advance parol as long as you didn\'t update the I9 form from employer. You are still in H1 and you can travel without any problem. For your wife she need advance parol for traveling since she work using EAD.

 

[iio]

No Title

Thanks,

  Isnt that If we keep our non-immigrant status we dont need a advance parole ( as per the INS advisory ) . So in that case can\'t my wife use her valid H4 instead of an advance parole.

 

[Thomas Dev]

No Title

Since your wife is working with EAD she is no more in H4 and she is in "Adjustment applicant" status. If she was not working she would have been in H4 status. Anyway check with lawyer.