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Need URGENT help on applying for Advance Parole while Adjustment of Status on H1

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  • Need URGENT help on applying for Advance Parole while Adjustment of Status on H1

    Hi All,
    I am a US citizen and my wife is on H1, next week i would be filing (I-485,I-130,G-325A,I-693,I-864,I-765) (Concurrent filing) for her adjustment of status.

    Her H1 which has already been stamped with Visa during her last visit to our home country. We would be travelling out of country in October 2011, I see that filling instructions for I-131(Advance Parole) document states that there is no need to file I-131 if you have an H1 and filed I-485 which is pending with USCIS.

    The question is once we file documents for her adjustment of status and we receive EAD, would her H1 will still be valid ? If yes, then do i need to fill out I-131 for her to travel and be able to enter in US with out any issues.

    Any help would be greatly appreciated.
    And i thank you all in advance for all the good work that is being done to help out people.

  • #2
    Originally posted by thvishwas View Post
    Hi All,
    I am a US citizen and my wife is on H1, next week i would be filing (I-485,I-130,G-325A,I-693,I-864,I-765) (Concurrent filing) for her adjustment of status.

    Her H1 which has already been stamped with Visa during her last visit to our home country. We would be travelling out of country in October 2011, I see that filling instructions for I-131(Advance Parole) document states that there is no need to file I-131 if you have an H1 and filed I-485 which is pending with USCIS.

    The question is once we file documents for her adjustment of status and we receive EAD, would her H1 will still be valid ? If yes, then do i need to fill out I-131 for her to travel and be able to enter in US with out any issues.

    Any help would be greatly appreciated.
    And i thank you all in advance for all the good work that is being done to help out people.
    I believe that you cannot have two status at the same time!For example, a student on legal status (F1), once he marries an US Citizen, as soon as he get the benefits ( EAD) he loosing his F1 and became AOS ( Adjustment Of Status)! So...same with you, I believe!!! Hope someone answer your questions properly because I am not very well familiar with H1 ( workers visas ???). Good luck and if you are not sure, see an expert! This is my advice!

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