Q & A June 22, 2003
Q & A 1
To whom it may
concern:
I hold an H-4
visa. I applied an- I-485 on 9/10/02, and got its receipt from the
INS.
Question:
1. Is it possible for me to apply an advance parole, since my employer
will send me abroad for an exhibition?
Zhang
Dear reader:
As you have already
applied for an I-485 adjustment of status application with the INS,
you are allowed to request an advance parole from its successor,
the BCIS, to leave the country for business purposes. I will assume
that your H-4 visa is current or at least was current until the
time that you filed for the I-485 application, and that you were
not illegal for 180 days or one year after April 1, 1997 -- conditions
which would subject you to three and ten year bars respectively
once you left the U.S.. You should also understand that under current
INS interpretations, an H-4 holder who works in the U.S. even with
an employment authorization card from the BCIS is no longer considered
in H-4 status as individuals in that status are not allowed to work.
I do note, however, that as long as the I-485 application is pending,
you are considered legal for most purposes in the country.
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