Entering with Advance parole next time after using H4-visa while entering last time

[ch1ppas1]

- Me and my wife got EADs (pending AOS) in 2007.

- Me and my wife have Entered US in 2009 using Advance Parole(Pending AOS) while my H1-B and her H4 are still valid. My wife did not work on EAD at that time.

- Me and my wife have entered US in 2011 using H1 and H4 visas respectively. My wife did not work on EAD at this time also.

- In 2012 My wife started using EAD for working.

- Now we both are planning to go to India in 2013 using Advance Paroles because she started using EAD even though I am still on H1 status. I am assuming that her H4-B status will be gone once she used her EAD.

My question is whether you see any issues with it? Will I be ok at Port of Entry?

[pontevecchio]

She can come back with AP and work on the basis of her EAD. You can come back with the H1 visa at the same time and work in H1 status. The question is WHY? Is there any problem using AP and EAD and forgetting H1?

[ch1ppas1]

Thanks. Here are the reasons.

- When we entered last time in 2011..at port of entry..the immigration officer said that she cannot work if she is entering using h4 visa.

- and I still want to be on H1 status.

Thanks.