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Listserv Q&A for "Adjusting Your Thinking: Who Can, Who Can't and Who Shouldn't Adjust Status"

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

Question:
Husband is on H1B, and wife is on H4. Both file for adjustment based on husband's approved I-140. Husband travels on advance parole. Can wife travel on her H4, or is she required to travel using advance parole also?

Answer by Tammy Fox-Isicoff:
In my opinion, the wife can travel on her H-4 as long as the husband is maintaining H-1B status and the wife is not working.


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