The following is my take on this topic.
First let me talk about H1B holder
Based on the latest INS memo.
" A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization... is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)."
We know that such a nonimmigrant employment authorization won't be terminated (H/L status) by sole denial of 485.
So we can arrive at such a conclusion "The nonimmigration employment authrization won't be terminated by the denial of 485 and the fact that he/she has used AP.
So H1B seems OK. If H1B is ok. H4 always follows H1. So H4 is OK too.
I think that CIS will take such liberal intepretion of their rule.
For safely. You can file 539 right now for your wife to turn her back to H4 to see what happens.
First let me talk about H1B holder
Based on the latest INS memo.
" A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization... is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)."
We know that such a nonimmigrant employment authorization won't be terminated (H/L status) by sole denial of 485.
So we can arrive at such a conclusion "The nonimmigration employment authrization won't be terminated by the denial of 485 and the fact that he/she has used AP.
So H1B seems OK. If H1B is ok. H4 always follows H1. So H4 is OK too.
I think that CIS will take such liberal intepretion of their rule.
For safely. You can file 539 right now for your wife to turn her back to H4 to see what happens.
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