Advance Parole Querie

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I485_help

Registered Users (C)
We've applied for I485 in 2006 & I'm working on EAD card. My father is sick in India & I may have to travel to India in near future. We have not applied for AP, since my husband is working on H1B visa & we've H4 visa valid until Oct 2010.

In this scenario, if I have to travel to India, will there be any problem on entering the US on H4 visa? I understand that I can resume working on EAD after filling the I-9 form.

Any inputs??

Thanks.
 
If you are working on EAD then your H4 is not valid. You read it right, if you used your EAD, you left your H4 status. To travel outside the country now, you'll need an AP. Apply for an AP as soon as you can... when you get the USCIS Receipt Number, call USCIS and tell them you have an emergency to travel and need to expedite your application. You'll need to Fax them some paperwork (from the doctor/hospital in India). Once expedited, I've seen applications being approved in less than 1 week.
Keep in mind, if you apply for and AP and leave the country before its approved, your AP application is no longer valid. So you have to wait for the AP to be approved before you leave the country.
 
Thanks for the reply. Will it be possible to get H4 visa stamped in the PP & then enter the US? I've I-797 A with valid I94 card with me expiring in Oct'10.
 
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