H4 dependents can stay in US after maxout on advance parole


#1

I have applied I140 in EB1 which is pending and have valid EAD/advance parole (AP) from I485. I also have AP for my dependents. My H1B is getting maxout. I can move to EAD/AP and can stay in USA. Can my dependents can also stay in USA after maxout with AP?


#2

AP is a permission to enter into USA, it doesnt give the length of legal stay in USA.
If you have a pending i485, you can stay legally in USA as long as its pending(you dont even need an EAD or AP for this). The same rule is applied for your dependents whose i485 is in pending state.