Going out of the country after I-485 applied !!

[yourfriend2]

(1)My wife and myself - both are on H1B.

(2)My wife's status - xfered from H4 to H1B. She does not have H1B stamping on her passport.

(3) In the next two months we both will have to go out of the country for vacation. We will be filing our I-485 by the end of this month (End of Feb,2002).

(4)I can go out of the country through my Work VISA. But, my wife does not have stamping.

(5)I guess, My question is, Since we will be filing I-485 with AP(Advance Parole) before we go out of the country, Can my wife use AP(Advance Parole) as a VISA stamping to enter into the country after vacation or
Do my wife still need both EAD and AP ?

I would appreciate your answers. Thank you.

[udk]

your wife needs an approved ADVANCE PAROLE before she leaves the country. Based on that she can go out and come back to USA. Once she has an approved AP then she does not need to stamp her h1. To apply for an EAD she does not have to be present in US but that is not true for AP. You might want to verify this from another source.

[yourfriend2]

Thank you !!

Thank you very much for the information.

I really appreciate it.

[vkrish124]

Hi All

I also have similar querry. I have applied for 485 but continue to maintain valid H1B. My wife had applied for her EAD and AP and got both approved. My question is

Shall I use H1B to enter US while my wife use AP?

How will the officer know that I am still on H1B and my wife has changed status and got EAD and AP (because my wife still has valid H4 on her passport)

Thanks a lot

[boardReader]

you can enter in H1B and she can use AP . She will be stamped by a supervisor and they will take a photocopy of AP with stamp. Officer will go by what you give it to him/her. If your wife has not started working yet, she can enter using H4 and then start using EAD for employment.
If she has accepted employment already she has to use AP.