Suggest a good lawyer for consultation

[Chinar]

Can anyone suggest a good desi lawyer that truly knows the Immigration stuff. I had two attonrneys today give me two conflicting statements on the leglity of bringing back my spouse to the US on AP even though when she left US she was on H4 which is expiring next week while she is still in India.

One lawyer told me she could and the other said that she could not. The delimma I have is that I may need to travel to India end of this month on AP as my H1 is expiring next week. My H1 extn has been filed but it may not come until July so if I choose to travel on AP under what status will my spouse apply for the visa or can she travel on AP which brings be back to the orignal question , can she do that? I need some good legal advice.

[PraetorianXI]

She can travel on AP. And so can you.

[txh1b]

Both of you can travel on AP but you will be parolees upon entry and not remain on H status. If your intent is to get back on H1, after the H1 approval, you can get a visa stamp and re-enter on H status.

This is not legal opinion as I am a layman down the street.

[Chinar]

Thanks both you guys. The reason I was apprehensive is when she travelled to India in October we had not received the AP approval. We received in January when she was in India. However, we had received the I-485 receipt and the EAD well before we left for India in October.
Do you think we are still good?

[txh1b]

I think your situation is tricky. You have to use your H status and enter as your wife left before the AP was approved according to me. AOS will be considered abandoned later if the parolee left before the parole was granted.

It is important that you get a H1/H4 stamp and re-enter and that will not impact the AOS. I would suggest you upgrade the H1b petition to PP and get a visa stamp and re-enter.