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wife went to India with expired adv.payroll and she on EAD

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  • wife went to India with expired adv.payroll and she on EAD

    Hi all,

    I joined a new company B from company A using EAD. My H1B is still valid with company A till March 2010. I didn't like the company B because they wer e not applying for my AC21 and also for some other reasons. I resigned that company and came back to My previous company A where my H1B is still valid till March 2010. I worked in company B for 1 month. At that time also i have been paid by my company A since they don't know that i moved to company B. At this point of time my wife left to india on Sept 15th because my Mother is alone and really sick. she could not even walk now. That time her Advance Parole was expired. we never renewed it since 2008. Now i got a new job in company C and they are ready to sponsor my H1B.I have few questions regarding this.

    1)I heard that as soon as i used EAD, my valid visa won't be valid. If that is the case what about my wife. Can she come back using the valid H4B visa(which she has to go for stamping).
    OR
    2)Can she come back using H4B of new company C. if that is the case, what will happen to her I-485 application. Will that be still under process because i heard that people who leaves the country with out adv.paroll will lose their i-485 process.

    3)If i go for H1B visa sponsoring. what time of visa will that be. is that all together new or extesion?

  • #2
    It is important that you get back on H1b. You can either travel and return on H1b which makes it possible for her to return on H4. However, discuss the events and timeline of what happened when to make sure that her 485 is not considered abandoned.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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