Advance Payrole expired while in India - Please help

[yr3645]

My daugther went to India in Aug 2008. When she left to India, she was on H4. She had a valid Advance Payrole also till Oct 2008. As she was on H4, I did not apply her advance payrole when she left to India.She did not come to USA till now, as she is going to school there. In March 2009 my employer cancelled my H1 and I started working on EAD. Now I want to get her to USA during her summer vacation for 2 months. My H1 is no longer valid and she does not has the advance payrole.Can any one suggest me the available options to get her to USA.

[txh1b]

Your daughters 485 is considered abandoned as you are no longer maintaining the H status. You may have to get back on H1b, get your daughter a H visa for her to continue with the 485.

It is parole not payrole. Talk to your attorney.

[yr3645]

Currently, I am on EAD. Can I go back to H1 again?

I had the H1 valid till Mar 2011. But my employer cancelled it in Mar 2009. Should I wait till Apr 2010 to apply H1, as the quota is finished or can I apply now?

I was on H1 from Sept 2003 to Mar 2009. Can I apply for H1 as I finished 6 years on H1?

Please let me know

[Kariboo]

Currently, I am on EAD. Can I go back to H1 again? Based on what visa category/status do you have EAD?

I had the H1 valid till Mar 2011. But my employer cancelled it in Mar 2009. Should I wait till Apr 2010 to apply H1, as the quota is finished or can I apply now?You cannot apply on your own, your employer needs to apply for you.

I was on H1 from Sept 2003 to Mar 2009. Can I apply for H1 as I finished 6 years on H1?You said above that your H1 was valid until 2011

[yr3645]

Thank you for the response Kariboo & txh1b

I had applied for my green card under EB2 Category. My I140 is approved and I am currently working on EAD with a new employer after filing AC21.

As you said, I will apply H1 through a employer. But my question was,
as my H1 with my previous employer was valid till Mar 2011, but it was cancelled by him on Mar 2009, can I apply for new H1 right away or should I wait till the new quota begins in April 2010.

One more question I have is, If I apply for new H1, what type of H1 will it be. Will it be a Full Time / Part Time / something else.
What will be the status of my EAD after my new H1 is applied / approved. Will I be having 2 statuses i.e., EAD as well as H1. In that case, should I be having 2 different payrolls(1 for EAD and other for H1).

Please let me know

[txh1b]

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