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1+ year stay outside USA on H4

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  • 1+ year stay outside USA on H4

    Currently my wife and I are on AP/EAD as well as H1/H4. Our EAD expires in May 2012 and H1/H4 in Nov 2015. My wife (on H4) has been outside of USA since Oct 2012 and won't be able to return till Dec 2013. I traveled outside of USA in Dec and returned on my AP. Upon my arrival, I found my H1 approved which I had applied several months back for extension.

    I have following questions regarding this:

    1) I have a H1B but I returned to US using AP. So what is my status, H1B holder or parolee or both?

    2) My wife will not be able to renew her EAD/AP as she will remain out of USA until it expires. We are planning to have her H4 stamped by Nov 2013 however I would like to know if I am considered as parolee, does her H4 still remain valid?

    3) I am having a great job opportunity and willing to change job using my H1 (through transfer). Can this create any risk of visa denial for my wife when she goes to get her visa stamped.

    I will greatly appreciate any guidance on this matter.

  • #2
    This is a very complicated matter. You should consult an experienced immigration attorney.
    This is my opinion and not legal advice.

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    • #3
      Kabkaba, thanks for your reply. I realize it is complicated so I am looking for experienced attorney and at the same time hoping to hear from other experts here.

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