need help with parole (experts/ any one faced with similar issue)

[SachinPathare]

I need help with my situation.

self

EB2

PD: 8th March 2007

140: approved in 2009

status: current and pending

(expecting GC anytime)

spouse

used EAD from Dec'2009 to Dec'2010

- GC filled by company A (2007) i was on H1B status with co. A

- co. B filled new H1B on Feb 2010 worked with them from May'2010 till April'2011

- co. C: working from May 2010 on EAD (AC21)

Parole: for wife and self

H4: for son

recently (25th July) we traveled to India from EWR (custom officer checked for currency( $ and rupees that i was carrying) and he also asked for papers (this is something new that has started) showed him self, spouse (parole copies) and son's valid H4 ( stamped with co. B's name) the officer mentioned that we should have taken son's parole as well as, me and my wife are on parole. The officer also mentioned that my son might hv problem coming back to the US). We r returning on the 6th Sept.

Questions:

1) does my son need to hv a parole, even though he has a valid H4 stamped on his passport

2)is my son's H4 still valid even though i am not with co B and am using my EAD

3) can he come back with us on the H4

All experts pl. help.

also if any one was or is in a similar situation and has any advise from the attorney pl. comment

[a_kapoor]

The rule is if you have shifted your company and not maintaining H1B AND used EAD, you can't have H4 for your family as there is no H1B.

The other way to look at it is, if you enter on AP, you loose H1B right away and so do all the H4s attached to your H1B

[Nivas]

Never faced this situation. But in general if you are not in H1B status you can't have dependents on H4 status. Unfortunately the officer who told you that your son may need an advance parole is correct. Please take help from an attorney.

[Belle]

Yes, the fact that you use EAD puts you out of status on H1, and thus your son can't use H4.

[SachinPathare]

Thanks for the feedback...

Me and my family just received our Green cards. Considering this can my son now safely enter US using the GC's. Even though we are out of the country and are returning in 1st week Sept we have the cards with us that were personally handed to us by a friend.

Belle / Joef experts pl. comment....