Kk_us

My friend's wife has filed 140/485(NIW) and her husband filed 485 only. They
have received receipts notice. Then her husband lost job and he isn't in H1B
anymore. She is still in H1B. So is he out of status? Should he apply for
H4? If he wants go to home country for a while, what problem could he face
when applying for entry visa?

M

If her husband's I-485 is based on her wife's I-485, then he's not out
off status. His I-485 is still valid. He does need to apply for a
work authorization before he can work again. He does not need to
apply for H-4. If he chooses not to work at all he doesn't have to do
anything to be legally in the country.

He needs to obtain an advanced parole before he leaves the country.

Incidentally, her wife's I-485 isn't tied to her persent employer
'cause it's based on an approved NIW. Although she works under H-1
for that particular employer, she can in fact get a work authorization
and work for other employers.



"kk_us" wrote in message news:...
    > My friend's wife has filed 140/485(NIW) and her husband filed 485 only. They
    > have received receipts notice. Then her husband lost job and he isn't in H1B
    > anymore. She is still in H1B. So is he out of status? Should he apply for
    > H4? If he wants go to home country for a while, what problem could he face
    > when applying for entry visa?

Kk_us

If he got advanced parole, does he still need H4 when he enters into US?

"M" wrote in message
news:[email protected]...
    > If her husband's I-485 is based on her wife's I-485, then he's not out
    > off status. His I-485 is still valid. He does need to apply for a
    > work authorization before he can work again. He does not need to
    > apply for H-4. If he chooses not to work at all he doesn't have to do
    > anything to be legally in the country.
    > He needs to obtain an advanced parole before he leaves the country.
    > Incidentally, her wife's I-485 isn't tied to her persent employer
    > 'cause it's based on an approved NIW. Although she works under H-1
    > for that particular employer, she can in fact get a work authorization
    > and work for other employers.
    > "kk_us" wrote in message
news:...
    > > My friend's wife has filed 140/485(NIW) and her husband filed 485 only.
They
    > > have received receipts notice. Then her husband lost job and he isn't in
H1B
    > > anymore. She is still in H1B. So is he out of status? Should he apply
for
    > > H4? If he wants go to home country for a while, what problem could he
face
    > > when applying for entry visa?

M

Nope

"kk_us" wrote in message news:...
    > If he got advanced parole, does he still need H4 when he enters into US?
    >
    > "M" wrote in message
    > news:[email protected]...
    > > If her husband's I-485 is based on her wife's I-485, then he's not out
    > > off status. His I-485 is still valid. He does need to apply for a
    > > work authorization before he can work again. He does not need to
    > > apply for H-4. If he chooses not to work at all he doesn't have to do
    > > anything to be legally in the country.
    > >
    > > He needs to obtain an advanced parole before he leaves the country.
    > >
    > > Incidentally, her wife's I-485 isn't tied to her persent employer
    > > 'cause it's based on an approved NIW. Although she works under H-1
    > > for that particular employer, she can in fact get a work authorization
    > > and work for other employers.
    > >
    > >
    > >
    > > "kk_us" wrote in message
    > news:...
    > > > My friend's wife has filed 140/485(NIW) and her husband filed 485 only.
    > They
    > > > have received receipts notice. Then her husband lost job and he isn't in
    > H1B
    > > > anymore. She is still in H1B. So is he out of status? Should he apply
    > for
    > > > H4? If he wants go to home country for a while, what problem could he
    > face
    > > > when applying for entry visa?

Kk_us

But how can he be eligible for advanced parole? See what I found at INS site
for advanced parole http://www.ins.usdoj.gov/graphics/howdoi/travdoc.htm

---------
Please note: This requirement does not apply to people who have applied to
adjust to permanent resident status and are maintaining H-1 status
(temporary workers in specialty occupations) or L-1 status (intra-company
transferees), or their dependents in H-4 or L-2 status.
---------

His H1B has gone. What he has is AOS. If he can't get advanced parole, how
can he come back to US again?

"M" wrote in message
news:[email protected]...
    > Nope
    > "kk_us" wrote in message
news:...
    > > If he got advanced parole, does he still need H4 when he enters into US?
    > >
    > > "M" wrote in message
    > > news:[email protected]...
    > > > If her husband's I-485 is based on her wife's I-485, then he's not out
    > > > off status. His I-485 is still valid. He does need to apply for a
    > > > work authorization before he can work again. He does not need to
    > > > apply for H-4. If he chooses not to work at all he doesn't have to do
    > > > anything to be legally in the country.
    > > >
    > > > He needs to obtain an advanced parole before he leaves the country.
    > > >
    > > > Incidentally, her wife's I-485 isn't tied to her persent employer
    > > > 'cause it's based on an approved NIW. Although she works under H-1
    > > > for that particular employer, she can in fact get a work authorization
    > > > and work for other employers.
    > > >
    > > >
    > > >
    > > > "kk_us" wrote in message
    > > news:...
    > > > > My friend's wife has filed 140/485(NIW) and her husband filed 485
only.
    > > They
    > > > > have received receipts notice. Then her husband lost job and he
isn't in
    > > H1B
    > > > > anymore. She is still in H1B. So is he out of status? Should he
apply
    > > for
    > > > > H4? If he wants go to home country for a while, what problem could
he
    > > face
    > > > > when applying for entry visa?