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We are from India. My husband works as a physician and is on

Customer Question
his H1B visa .He has...
We are from India. My husband works as a physician and is on his H1B visa .He has applied for his green card. His I-140 has been approved & it has been more than 2 yrs since the I-485 for both us has been applied. We have our EAD cards. I am on a H4 visa.We both have I-94s but don't have visa stamped on passport.
My question to you is-My sister is getting married in January & I am trying to figure out if there is any risk involved for me to go to India?
Submitted: 2 years ago.Category: Immigration Law
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Answered in 4 minutes by:
11/7/2015
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,145
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Has your husband maintained his H1B status, been working under the H1B approved petition and has not used his EAD under the I-485?

Do you have an advance parole document?

Judith

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Customer reply replied 2 years ago
Thanks for your prompt response Judith. Yes, he has maintained his H1B status .No, neither of us have an advance parole document at this time.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

OK, thank you very much for the additional information.

Without the combo EAD/AP card you have no back up plan.

Chances are you would have no difficulty getting the H1B visa stamp. I would not expect a refusal. But, everyone wants a Plan B.

Your husband has a lawyer. You need to discuss with them whether you even have time now to get the EAD/AP. Generally it takes 90 days. The lawyer may strongly advocate against it for strategy reasons. So my job here is to raise the issues for you but I cannot advise you on what action to do. I have provided you with what you need to go to your lawyer with and take their advice.

I hope I’ve provided the information you were seeking. If you are happy with my service, please provide a positive rating. If not, please let me know so l can continue to help you.. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. If you feel I earned a BONUS, I am grateful. I will remember you and review our question history. Thank you.

Judith

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Customer reply replied 2 years ago
Is it safe to say that there is a risk involved to travel?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

It is safe to say there is ALWAYS a risk in travel if you do not have a visa stamp prior to departure. You have to rely on the discretion of the consular officer to issue a visa to return. There is NEVER EVER a guarantee to being issued a visa.

Judith

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith

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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,145
29,145 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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