AP and presence in the country

M

MonkMonk

Registered Users (C)
My wife is on a H4 Visa here. She wants to go to India and come back in January to beat the cold. Her AP still hasnt come.
Does she need to be in the country when the AP is approved or can she be in India, Please advice. Someone said they stamp the AP even here while she is leaving. He H4 is valid till Feb 2006

I tried looking for an answer but couldnt find one to my question
 
Advance Parole

As the name says it is a parole. If she travels before the parole is given she is at risk technically. The risk is almost comparable to mailing your passport or including it with a checked in baggage when you board a plane. If it is lost, then you have no recourse, you have to go through a costly process. It is advisable for her to wait and take the AP with her unless you want to personally take the AP to her in India for her return trip.

Hope this helps.

Markz

Not trying to be a lawayer......... just to help my fellow immigrant with experience and commen sense. please use your best judgement on any free advice.
 
AP is not required if... u still have a valid H4 visa... Your wife can visit India on H4 and get back using H4.....

Ap is required if H4 visa is lost.. this happens when EAD is used or H4 visa has expired..
 
“Ap is required if H4 visa is lost.. this happens when EAD is used or H4 visa has expired..”

CORRECTION: H4 status is lost ONLY if the primary H1 holder uses the EAD, if spouse who is on H4 uses EAD no effect on H1 holder status, if H4 holder has H4 Visa stamped in passport and used EAD she can again enter on H4 status if she has H4 visa stamp and will get the I-94 based on H4 status.


MonkMonk: your wife don’t need AP to re-enter, she can use H4 visa to re-enter, having applied AP is not a problem if the AP is approved once she departs US don’t use that AP in future and apply new AP if she needs or you use EAD and don’t maintain H1 status
 
H4

Monk Monk,

The H4 is valid if your H1 is still valid and you are working for the same employer that sponsored you for the H1. I presume your H1 is valid until 2006, in which case you need not bother about an AP or EAD. You have valid non-immigrant status and so does your wife as long as she is not working and has spouse status.

The only grey area is technically when you have AOS pending, the immigration office expects that you have a parole approval to travel and re-enter. I am not sure if this is held very strongly after the law change that allowed a concurrent filing of I-140, I-485 etc at the same time.

To answer your other question, they do not stamp your AP when you leave the country. They take the I-94 white card if you have one. Other than that, the carrier does not have a clue about anything else. If you have an Indian passport and a ticket to India, everything is good.

AP can be used multiple times to enter and leave if you have multiple entries allowed on your parole. Ginnu makes a good point about getting an AP approved after one leaves the country.

In summary, there is little risk to travel on H1 or H4 that is valid. But you may want to consult a lawyer to ensure that you can travel on H1 or H4 and use it re-enter without a parole. It is still a grey area in my opinion. There is a chance an occasional officer may ask if you have AOS pending and were you paroled.

good luck!

markz

Not trying to be a lawayer......... just to help my fellow immigrant with experience and commen sense. please use your best judgement on any free advice.
 
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