I am sorry I misunderstood. No my PD is not current, but what I meant by "I am waiting on my "processing date" to be current" was the processing date at the TSC. Now I understand that I should not go by that date, but I should go by the PD.
The lawyer advised me that my h1 b was no longer valid as i came back to the US on AP
Here is the lawyer's full response.
Since you are technically not in H-1B status due to the advance parole travel, you cannot presently bring a spouse to the US in H-4 status.
If you travel on your H-1B visa (not AP), you potentially jeopardize your pending I-485 application because you are traveling on an H-1B visa after having traveled on advance parole. In this specific scenario, there is a potential that the CIS will deny the I-485 stating that you abandoned the application by traveling on the H-1B.
So you have three options:
Option #1: Travel on your H-1B visa and reenter the US in H-1B status, bringing your spouse to the US in H-4 status. You will not know whether or not this travel has brought about a denial of the I-485 until the CIS adjudicates your I-485. Based on current retrogression tables, the I-485 may not be processed for another 1 year and 10 months. If the I-485 is denied, you will have to refile the I-485. However, your I-140 and LCP will remain valid. Regardless of the CIS decision on your pending I-485, you will have to file an I-485 application for your spouse once your priority date is current (approx 1 year and 10 months based on the current report). Your spouse will not have work authorization until an I-485 petition can be filed on her behalf along with an EAD application (again, it will be potentially 1 year and 10 months until an I-485 can be filed for your spouse).
Option #2: File an H-1B extension with the CIS now for an immediate start date and an extension through 2011. The filing of an H-1B extension will change your status from parolee to H-1B. This will not jeopardize your pending I-485. Once the H-1B extension is approved, you can travel on your H-1B visa and secure an H-4 visa for your spouse. Then once your priority date is current (approx 1 year and 10 months based on the current report), we can file an I-485 petition for your spouse so that she can secure a green card based on your pending application. Your spouse will not have work authorization until an I-485 petition can be filed on her behalf along with an EAD application.
Option #3: Leave the US and get married. Return to the US on Advance Parole. Your spouse remains outside of the US. We will file an I-824 petition to file for her green card based on your pending application. Your spouse will have to remain outside of the US until your priority date is current and the green card is processed on her behalf at a US consulate abroad. Based on current processing reports, this could be more than 1 year and 10 months in the future. During this time your spouse will remain outside of the US.