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Posted on 07 Oct 2010
Q.

Travel to India with AP

I 140 for my my wife approved after RFE reply.
Our case is Eb2 Rest of world category of green card (current).
My wife is on H1 and I am on H4 now. We both have EAD and AP
1) Can we both travel to india and come back using AP? We do not want to go for H1 and H4 stamping.
2) Will this make our status change from H1 and H4 to Paroles (using AP while returning back to usa)? I am asking this question as we do want to keep H1 and H4 status still I 485 decision comes through to play safe.
3) If I work on EAD after I come back from India on AP, will my status change from H4 to Parole and EAD and thus I loose the ground of H4 and in the event of I 485 rejection for me (worst case) will I will be now Out of Status (As No H4) and since I 485 is rejected so no EAD and No AP?

User's Location: metuchen, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 07 Oct 2010
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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