Because of the confusion of the date on the parole document I left U.S with an expired advance parole. My current employer is applying a H1B extension base on my previous employer’s H1B (expired on Jan. 30, 2010) to get me back to U.S. My I-140 was proved several years ago, I work for my current employer with a similar job after I-485 has been filed for 6 months. The current employer didn’t apply H1B for me when I was hired, as I applied EAD. Now I will go to US embassy to get a H1B visa with two proved H1B, the old one is from my previous employer (expired on Jan. 30, 2010) and the new one from my current employer. Once I return in U.S, do I need to re-submit I-485 forms for my family and myself to maintain a good shape of our green card application?
Yes, I think that you do need to refile your I-485 (which can only be done if your priority date is current). The regulations concerning permissible travel w/o Advance Parole for individuals in H or L visa status require that the traveler be in valid H/L status at the time of departure from the U.S. Since you left your H-1B employer and were working for a new employer, you were no longer maintaining valid H-1B status.
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