what is her current status? Gurus, please help.

G

gcwaiter@ric

Registered Users (C)
Gurus, please provide your opinions.

I filed a follow-to-join I485 application for my wife in May 2002. My I485 was approved in July 2002. She got the EAD on June 26, 2002. Then she got a job offer and joined my company and got her H-1B approved in August 2002. We wend out of country and came back in Jan 2003. But she entered US using her AP instead of a H-1B visa. After she came back, she continues to work for the same company. My question now is what her current status is? Is she still on H-1B since she didn't change her employer or is she now a parolee and no longer eligible for her non-immigrant status?

Thanks a lot.
 
I hope she is parolee as she used EAD for work before leaving US and entered on AP and working on EAD.I read somewhere that One can maintain H1 status even if he/ she entered on AP (I don’t have the link to that law) you can contact your Lawyer.

But If she goes out of US then re-enter with H1B visa Sticker in her passport, she can get I-94 based on H1B and can be on H1B status and AOS pending status.
Better speak to your Lawyer and Visit:
www.shusterman.com/hlmemo.html
www.murthy.com/Udnewins.html
 
She is an Parolee..NOT ON H1-B

After she used her AP,her status changed into PArolee,and her H1-B status ceases!
 
Ginnu No
Once she has used her EAD If she goes out of the country without AP then it means abandoning of GC.
 
my Opinion

Using AP does not cancel out H1. Using EAD supercedes H1.
But she is better off being on EAD than H1 (unless there is a marriage trouble involved or 485 approval likelihood is bare minimum).

H1 and adjustee status can co-exist. Ultimately the I-9 filed will determine whether she uses H1 or EAD for employment authorization. She can continue to use AP or H1 (with stamp of course) to travel out and into US.
 
You must log in or register to reply here.
Top