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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Denied Advance Parole, H1B is Expired, and I-485 was Adminstratively Closed

    Hello There,

    Thank you taking time to go through the details.

    My green card application is family based and my spouse is a primary applicant. I have a EAD as of now and I recently got laid off on January 15th 2010. My H1B VISA expired on January 23rd 2010.

    Issue: I recently applied for Advance parole and got rejected. Reason was given that my I-485 is administratively closed.

    My laywer has suggested that I should immediately apply for H4 to save my status. I am really not sure what to do here. I am sure I will find a job in about 2 weeks but not sure if I will be able to get my H1B renewed or will be able to get a new H1B as I have already been counted towards the quota once.
    I also read that it depends on the approval of I-130 but in my case I couldn't find I-130 for myself, even though there is one for my spouse which was approved in 2007.

    My questions are:
    1: What steps should I take to save my immigration status?
    2. My EAD is not denied yet, should I start working on EAD or apply for H1B right away?
    3. Can my H1B be renewed as it has already expired?
    4. I have had a EAD for over a year and all of a sudden it may get canceled. Is there a way I can appeal somewhere as a mistake was made my immigration itself?
    5. Have you experienced any cases similiar to mine and what were the outcomes?

    Please, let me know your thoughts as your expertise can certainly help me save my career.

    Thank you again for your time and consideration. I look forward to hearing from you.

    Regards,
    Gursharan

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Denied Advance Parole, H1B is Expired, and I-485 was Adminstratively Closed

    Something is not adding up in your details.

    If your lawyer suggested YOU apply for an H4, that would have to mean your SPOUSE is here on an H1B??

    However, you said that your green card application I485 was family based and your spouse is primary applicant? Is you spouse a legal permanant resident or a US citizen or here on a H1b Visa?

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