I have a pending I-485 application that was based on my I-140. Along the way, I received a travel parole and EAD. However, my I-140 was withdrawn. I want to submit an I-130 and an I-485 through my spouse now. Can I do that? What happens to my travel parole and EAD? Currently, I am on an H1 B visa.
Answers
Yuliya Veremiyenko-Campos
Immigration Attorneys DirectoryYou can file second adjustment of status (AOS) under I-130. If your spouse is a green card holder, you need to have a valid nonimmigrant visa status (such as H-1B) at the time of AOS filing. Your EAD and advance parole that you received under the first AOS are valid as long as your AOS is pending. However, since your I-140 was withdrawn, your AOS filed under that category will be eventually denied. Thus, I recommend not to use that EAD and Advance Parole and to maintain your H-1B until you file new AOS.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryUSCIS has a process for substituting the “underlying” basis. Alternatively, you can just submit a new adjustment application if spouse is a U.S. citizen. If can transfer the underlying basis then you can continue to use the EAD and AP. In the interim use your H-1B.
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