Can Wife Use Ead And Stay In India For 10 Months? Pl. Advise

[hetuweb]

GURUS, PL. HELP ME.

I HAVE THE FOLLOWING QUESTIONS AND NEED UR ASSISTANCE AND GUIDANCE.

1. MY WIFE (I-485-DERIVATIVE APPLICANT) HAS EAD + SS#, NOW IF SHE USE HER EAD FOR WORK FOR 1 OR 2 MONTHS ONLY AND THEREAFTER, IF SHE STAYS IN INDIA FOR 10 TO 11 MONTHS AND COME BACK ON ADVANCE PAROLE WITHIN ONE YEAR (AS AP IS VALID FOR ONE YEAR), THEN IS THERE ANY PROBLEM AT THE AIRPORT WHEN SHE ENTER INTO USA? WHAT U ADVISE, CAN SHE USE HER EAD OR NOT BECAUSE SHE WANT TO STAY IN INDIA FOR 10 TO 11 MONTHS?

2. MY WIFE (I-485-DERIVATIVE APPLICANT) HAS H-4 APPROVAL NOTICE VALID UP TO NOVEMBER 15, 2007 i.e. I-94 EXPIRES ON NOVEMBER 15, 2007 AND SHE HAS AN ADVANCE PAROLE VALID FOR THE PERIOD FROM OCTOBER 3, 2007 TO OCTOBER 3, 2008. NOW IF MY WIFE GO TO INDIA ON DECEMBER 20, 2007 WHEN HER I-94 (H-4 APPROVAL NOTICE) EXPIRES (ON 11/15/2007), THEN IN THAT CASE, IS SHE DEPARTS USA LEGALLY OR ILLEGALLY? IN THIS CASE, SHE DEPARTS USA ON ADVANCE PAROLE? ADVANCE PAROLE IS USED FOR ENTRY ONLY TO USA OR ALSO USED FOR EXIT FROM USA AND ENTRY INTO USA? WE HAVE APPLIED FOR HER H-4 EXTENSION ON JULY 12, 2007 AT VERMONT CENTER, BUT STILL TODAY, THEY ARE PROCESSING THE CASES OF MAY 21, 2007, SO PROBABLY SHE WILL GET HER EXTENSION APPROVAL IN JANUARY 2008.

GURUS, UR PROPMT REPLY AND GUIDANCE WILL BE HIGHLY APPRECIATED AND HELPFUL TO ME.

[hetuweb]

Pl. Help.

[neoneo]

First of all Please type your question in small letters (its easier to read that way)
I'm no attorney, neither most of the folks on this forum are. Do get in touch with one for right answers.

Here's my 2 cents.

Originally Posted by hetuweb

GURUS, PL. HELP ME.

I HAVE THE FOLLOWING QUESTIONS AND NEED UR ASSISTANCE AND GUIDANCE.

1. MY WIFE (I-485-DERIVATIVE APPLICANT) HAS EAD + SS#, NOW IF SHE USE HER EAD FOR WORK FOR 1 OR 2 MONTHS ONLY AND THEREAFTER, IF SHE STAYS IN INDIA FOR 10 TO 11 MONTHS AND COME BACK ON ADVANCE PAROLE WITHIN ONE YEAR (AS AP IS VALID FOR ONE YEAR), THEN IS THERE ANY PROBLEM AT THE AIRPORT WHEN SHE ENTER INTO USA? WHAT U ADVISE, CAN SHE USE HER EAD OR NOT BECAUSE SHE WANT TO STAY IN INDIA FOR 10 TO 11 MONTHS?

- AP should be ok. I'm not sure about EAD for dependent. ( I think it's ok) ... dependents have better benefits on EAD.

2. MY WIFE (I-485-DERIVATIVE APPLICANT) HAS H-4 APPROVAL NOTICE VALID UP TO NOVEMBER 15, 2007 i.e. I-94 EXPIRES ON NOVEMBER 15, 2007 AND SHE HAS AN ADVANCE PAROLE VALID FOR THE PERIOD FROM OCTOBER 3, 2007 TO OCTOBER 3, 2008. NOW IF MY WIFE GO TO INDIA ON DECEMBER 20, 2007 WHEN HER I-94 (H-4 APPROVAL NOTICE) EXPIRES (ON 11/15/2007), THEN IN THAT CASE, IS SHE DEPARTS USA LEGALLY OR ILLEGALLY? IN THIS CASE, SHE DEPARTS USA ON ADVANCE PAROLE? ADVANCE PAROLE IS USED FOR ENTRY ONLY TO USA OR ALSO USED FOR EXIT FROM USA AND ENTRY INTO USA? WE HAVE APPLIED FOR HER H-4 EXTENSION ON JULY 12, 2007 AT VERMONT CENTER, BUT STILL TODAY, THEY ARE PROCESSING THE CASES OF MAY 21, 2007, SO PROBABLY SHE WILL GET HER EXTENSION APPROVAL IN JANUARY 2008.

- What I understand about she availing AP is that, since being on H4 she can only move on AP if and only if You avail AP. I doubt that you can be on H1 and she can use EAD / AP. So, I'd suggest since its just two weeks shy of her I-94 expiration, you have to make a call as to whether extension of H-4 (since you are on H1 ) or move to EAD-AP (But that means you have to move to EAD-AP).

- If she departs without H4 extension approval or receipt notice (check with attorney whether notice qualifies as an indication of extension) then she is out of status unless you move to AP.

-AP is used for entry / exit as long its valid. Check with the attorney for docs card etc

GURUS, UR PROPMT REPLY AND GUIDANCE WILL BE HIGHLY APPRECIATED AND HELPFUL TO ME.

[loudoggs]

[quote=neoneo;187494]- What I understand about she availing AP is that, since being on H4 she can only move on AP if and only if You avail AP. I doubt that you can be on H1 and she can use EAD / AP. So, I'd suggest since its just two weeks shy of her I-94 expiration, you have to make a call as to whether extension of H-4 (since you are on H1 ) or move to EAD-AP (But that means you have to move to EAD-AP).
[\QUOTE]

This is not correct. The primary applicant can remain on H-1 and the dependent can use AP and EAD without having any affect on the primary applicant's H-1 status. The primary applicant does NOT lose the H-1 status if the dependent uses the EAD and/or AP.

[vparam]

Originally Posted by hetuweb

GURUS, PL. HELP ME.

I HAVE THE FOLLOWING QUESTIONS AND NEED UR ASSISTANCE AND GUIDANCE.

1. MY WIFE (I-485-DERIVATIVE APPLICANT) HAS EAD + SS#, NOW IF SHE USE HER EAD FOR WORK FOR 1 OR 2 MONTHS ONLY AND THEREAFTER, IF SHE STAYS IN INDIA FOR 10 TO 11 MONTHS AND COME BACK ON ADVANCE PAROLE WITHIN ONE YEAR (AS AP IS VALID FOR ONE YEAR), THEN IS THERE ANY PROBLEM AT THE AIRPORT WHEN SHE ENTER INTO USA? WHAT U ADVISE, CAN SHE USE HER EAD OR NOT BECAUSE SHE WANT TO STAY IN INDIA FOR 10 TO 11 MONTHS?

2. MY WIFE (I-485-DERIVATIVE APPLICANT) HAS H-4 APPROVAL NOTICE VALID UP TO NOVEMBER 15, 2007 i.e. I-94 EXPIRES ON NOVEMBER 15, 2007 AND SHE HAS AN ADVANCE PAROLE VALID FOR THE PERIOD FROM OCTOBER 3, 2007 TO OCTOBER 3, 2008. NOW IF MY WIFE GO TO INDIA ON DECEMBER 20, 2007 WHEN HER I-94 (H-4 APPROVAL NOTICE) EXPIRES (ON 11/15/2007), THEN IN THAT CASE, IS SHE DEPARTS USA LEGALLY OR ILLEGALLY? IN THIS CASE, SHE DEPARTS USA ON ADVANCE PAROLE? ADVANCE PAROLE IS USED FOR ENTRY ONLY TO USA OR ALSO USED FOR EXIT FROM USA AND ENTRY INTO USA? WE HAVE APPLIED FOR HER H-4 EXTENSION ON JULY 12, 2007 AT VERMONT CENTER, BUT STILL TODAY, THEY ARE PROCESSING THE CASES OF MAY 21, 2007, SO PROBABLY SHE WILL GET HER EXTENSION APPROVAL IN JANUARY 2008.

GURUS, UR PROPMT REPLY AND GUIDANCE WILL BE HIGHLY APPRECIATED AND HELPFUL TO ME.

there should not be any problem if she return within 1 year/AP validityShe can re-enter in h4 but make sure she carried her 485 reciept

[gc_chahiye]

anytime you are doing things like leaving the country and re-entering get opinion of lawyers in addition to checking message boards. getting out is typically easy, getting back in is where all the details are

see inline, in red...

Originally Posted by hetuweb

GURUS, PL. HELP ME.

I HAVE THE FOLLOWING QUESTIONS AND NEED UR ASSISTANCE AND GUIDANCE.

1. MY WIFE (I-485-DERIVATIVE APPLICANT) HAS EAD + SS#, NOW IF SHE USE HER EAD FOR WORK FOR 1 OR 2 MONTHS ONLY AND THEREAFTER, IF SHE STAYS IN INDIA FOR 10 TO 11 MONTHS AND COME BACK ON ADVANCE PAROLE WITHIN ONE YEAR (AS AP IS VALID FOR ONE YEAR), THEN IS THERE ANY PROBLEM AT THE AIRPORT WHEN SHE ENTER INTO USA? WHAT U ADVISE, CAN SHE USE HER EAD OR NOT BECAUSE SHE WANT TO STAY IN INDIA FOR 10 TO 11 MONTHS?

this is ok. She can use EAD for now, stop working for a while, go out, and come back either in H4 or on AP. She can stay in India as long as she wishes (make sure your fingerprinting is complete, thats hte only thing that requires her physical presence here)

2. MY WIFE (I-485-DERIVATIVE APPLICANT) HAS H-4 APPROVAL NOTICE VALID UP TO NOVEMBER 15, 2007 i.e. I-94 EXPIRES ON NOVEMBER 15, 2007 AND SHE HAS AN ADVANCE PAROLE VALID FOR THE PERIOD FROM OCTOBER 3, 2007 TO OCTOBER 3, 2008. NOW IF MY WIFE GO TO INDIA ON DECEMBER 20, 2007 WHEN HER I-94 (H-4 APPROVAL NOTICE) EXPIRES (ON 11/15/2007), THEN IN THAT CASE, IS SHE DEPARTS USA LEGALLY OR ILLEGALLY? IN THIS CASE, SHE DEPARTS USA ON ADVANCE PAROLE? ADVANCE PAROLE IS USED FOR ENTRY ONLY TO USA OR ALSO USED FOR EXIT FROM USA AND ENTRY INTO USA? WE HAVE APPLIED FOR HER H-4 EXTENSION ON JULY 12, 2007 AT VERMONT CENTER, BUT STILL TODAY, THEY ARE PROCESSING THE CASES OF MAY 21, 2007, SO PROBABLY SHE WILL GET HER EXTENSION APPROVAL IN JANUARY 2008.

She will be leaving in legal status in Dec even if I94 expires in Nov. Since she has filed her 485, the time past the expiry of her current I-94 is also valid until a decision is made on her 485, she is in what some people call "AOS-Pending status".
While coming back in, if she has H-4 approval by then and gets a H4 stamping also done, she has the choice of either returning on H4 by showing that visa stamp, or by showing her AP.

[waitin_toolong]

Originally Posted by gc_chahiye

anytime you are doing things like leaving the country and re-entering get opinion of lawyers in addition to checking message boards. getting out is typically easy, getting back in is where all the details are

see inline, in red...

just to add to the legality fact, she will be legal even if she had not filed for I-485 because she timely filed for extension of H4.

In your case she can freely leave the sountry. To enter she will need either

AP and I-485
or
H4 stamp, which she can get based on your h1 extension.

In the former case she will have to enter before AP expires. while depending on your H1 status she can get the stamp and enter

[bfadlia]

if you do that after getting greencard u will be suspected of abandoning your permanent residence application

check:
http://immigration-law.freeadvice.co...green_card.htm

I would think that what applies in the greencard phase applies in the AOS phase too

I would advise you to doublecheck that point

[hetuweb]

gurus, thanks for ur answers . appreciated.

[quote=loudoggs;187528]

Originally Posted by neoneo

- What I understand about she availing AP is that, since being on H4 she can only move on AP if and only if You avail AP. I doubt that you can be on H1 and she can use EAD / AP. So, I'd suggest since its just two weeks shy of her I-94 expiration, you have to make a call as to whether extension of H-4 (since you are on H1 ) or move to EAD-AP (But that means you have to move to EAD-AP).
[\QUOTE]

Originally Posted by neoneo

This is not correct. The primary applicant can remain on H-1 and the dependent can use AP and EAD without having any affect on the primary applicant's H-1 status. The primary applicant does NOT lose the H-1 status if the dependent uses the EAD and/or AP.