Re-entering in to US with Advance Parole

[surya76]

Hi,

My wife left to india before her Advance Parole approved. She is in H4 status when she left to India (not working).

Advance Parole Applied Date: 08/20/2010
Left to India: 10/18/2010
Advance Parole Approved: 11/10/2010
Advance Parole valid until: 11/10/2011

I sent her the approved AP document.

My question is can she come back with her Advance parole with out getting H4 stamped?

Thanks

[txh1b]

What is your status at the time of her leaving? That is more important to determine if she has abandoned her I485.

If you are maintaining H1b status, she is fine. It is important that she returns using H4 status as she left the US before her AP was approved. As per the law, she has abandoned her I485 unless she returns on H4 status and you are still maintaining your H1b status.

If you have used EAD, then her I485 is abandoned and you need to seek an attorney's help immediately.

[surya76]

I am on H1-B (never used my EAD)

So, you mean she can not reenter with her Advance Parole and she has to get her H4 visa stamped?

Thanks

[txh1b]

Yes, she MUST enter on H4 for her 485 to be not abandoned.

[zenith]

EAD with H1-B

Hi all,

I am on H1 status and currently working but i also have an EAD. I have some part time job but they (part time) didn't ask for any documents other than my SS#.
Here are my queries:
1. Does this mean that i am also using my EAD on my part time even if they did not ask for it?
2. MY son (H4) also has an EAD and he is also working while attending school, What would be our status?

thank you in advance for any input.

Sorry posted it here.

Zenith