PD current with primary on AP and dependent on L2

[halaat]

Hello Everyone,

I need your help in answering some queries..I have already requested this from my attorney

1) I am on L1 Visa and my wife on L2(Valid stamp and valid till Nov 21 2011).

2) My I-485 status is pending and applied during July 2007..holding a valid EAD and AP..But didn't apply for my wife yet as the PD dates were not current before..But Now it is EB2-PD June 2007.

3) I was traveling on Business trip using my AP but i always held my visa status valid(no STamp).

Here is the issue now

1) My wife is in india and i am in malaysia on a business trip and we expect to be back on october 16 together.

2) Now as dates are current i thought we both would come back to US around sep 26(myself using AP and she using L2 Visa stamp) and would apply for her I485..But attorney says the following

"If you choose to accompany your wife, then I recommend that you not travel on the exact same flight because it is possible that the border officer (airport inspector) will give your wife trouble for entering on L-2, when you are entering on advance parole. It is technically permitted but I can see some officers not liking it or objecting to it.

In the same way, it is actually slightly better if you are not/not in the US at the time your wife files her I-485 application because it leaves it more of a gray area whether you are in the US on L-1 status or advance parole. If you re-enter on advance parole, then it is theoretically possible for USCIS to object to her entering on an L-2 visa. This is a really obscure issue and it may not come up but if you want to minimize trouble with your wife’s case, I would recommend that she enter the US now on her L-2 visa and file her I-485 application and you enter on advance parole in mid-October as planned after her I-485 application is filed."

Please advice

Thanks

[Belle]

Your attorney is right. Follow this advice. Also, if your application is approved while you are abroad, I would recommend that your wife enters on L2 and files I-485 before you return.

[halaat]

Many thanks Belle and i will follow the advice.

The main reason i was thinking to travel is just to accompany my 10 month old son.