I am a Chinese national, and I plan to submit my I485 right now under the reserved TEA in EB-5 with my wife. My wife currently holds an H1-B and plans to continue using it for the future. Once we receive advanced parole, we plan to travel outside the country. When she comes back, should she use the H1B visa or advanced parole? If she uses H1b, does it hurt her I485 application? If she uses advanced parole, can she lose her H1b working authorization?
Answers
Bernard P Wolfsdorf
Immigration attorneysShe has a choice to use either. May be best to use an H-1B visa.
Lynne Feldman
Immigration attorneysShe may come back on either, so long as she is only working for the H employer that can be renewed even if she reentered on advance parole.
Belma Demirovic Chinchoy
Immigration attorneysH1b is dual intent so it does not impact your pending I485.
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