We want to visit India as soon as we receive advance parole.

[SS Krishna]

Hello,

I am on H1 and my wife and child on h4. We have filed our I-485, 131 and 765 (EAD) on Oct 2020 and received our receipts.

We want to visit India as soon as we receive advance parole.

Due to reasons, my wife and my child may need stay in India for more than a year. I will be coming back in 2 months.

If they stay more than a year, what will happen to their I-485, 131, and 765?

Since the consulate offices are temporarily closed, I need to come as parolee (my visa already expired).

Are there chances that my wife and child loose their status and cannot re-enter into US?

How can I maintain H1 status? or, is it okay for me to use my EAD?

Kindly advise.

thank you very much in advance.

Regards,

SSKrishna

[AbsurdObservant]

Krishna,

I am assuming you are asking these questions with an assumption that the EAD/AP combo card will come through shortly. With that likely happening, my inputs (purely based on research and not a legal opinion)

Since the consulate offices are temporarily closed, I need to come as parolee (my visa already expired). - this should not be an issue till your AP is valid

Are there chances that my wife and child loose their status and cannot re-enter into US? - if they do not enter within the year, it will expire. I believe even applying for renewal from outside the country would be a question!

How can I maintain H1 status? or, is it okay for me to use my EAD? Your question here is unclear. If you are on a EAD & are going to leverage that to be on that path to a permanent resident status, what is this point on H1?