travel to india using parole and H4

[fitness16]

Hi,

As a Family we are planned to go to India. The prevailing situation is that :

My wife is in H1B Visa status , presently she does not have valid stamping in her passport - but
her H1B papers are approved and she is having valid H1B papers till Jan 2011

My Daughter who is also here , she too does not have valid H4 Visa stamping in her Passport .

But I , as a spouse have Valid H4 Stamping upto Jan 2011 , since i came recently to USA.


We are Planning to go to India early Dec 08.

Since My Wife and Daughter does not have Valid Stamping in their Passport , they applied for Advance Parole
and they got it - AP is valid till 31 Jan 2009.

My wife and Daughter have applied for AP , since we need to go to India on urgent requirement basis.

My Question is :

If my Wife and Daughter travel to india and re-enter USA by using Advance Parole -
can I , as a spouse along with my wife travel and re-enter USA by using my Valid H4 Visa which is valid till Jan 2011.

Please do advice me , will the travel for all three of us will be safe or
will there be any complication for us in the immigration while re-entering USA.

[txh1b]

can I , as a spouse along with my wife travel and re-enter USA by using my Valid H4 Visa which is valid till Jan 2011.

No. You need AP as well. You cannot hold H4 status without the primary being on H1b status. Either your wife needs to get a H1b stamp and all of you enter on H status or all of you enter on parole.

[sha]

Ead & Ap

No. You need AP as well. You cannot hold H4 status without the primary being on H1b status. Either your wife needs to get a H1b stamp and all of you enter on H status or all of you enter on parole.

Hi, if this is the case, what about Kid? She can't have EAD? If she enter on AP, what would be her status?

[txh1b]

Hi, if this is the case, what about Kid? She can't have EAD? If she enter on AP, what would be her status?

EAD does NOT give a status and is NOT a status. ANyone that enters on parole is a parolee or if they have a 485 pending and don't hold an immigrant status in the US becomes a parolee automatically.

[sha]

EAD & Ap

EAD does NOT give a status and is NOT a status. ANyone that enters on parole is a parolee or if they have a 485 pending and don't hold an immigrant status in the US becomes a parolee automatically.

Thanks for this.
Do We really need to have EAD in order to change the employer? Can I transfer my H1 and use H1 and H4 in future?
My attorney said that EAD is must for employer change. My EAD has been expired already and I never used it before. I am still on H1 and planning to extend/transfer (with AC21) my H1 in future.
I would really appreciate your response.