AP for Dependents ?

G

gcworthy

Registered Users (C)
When is a AP document required ? Is it required while leaving US or at the time of re entry ?. My AOS is pendig for 22 months. So far I have not applied for AP. My H1 extension has been approved and I have sent my passpoort for stamping. My dependents H4 are also approved. My wife had used her EAD and worked for some time before applying for H4 extension.I had mentioned about her employment in the application for h4 extesnsion. If she wants to travel outside US. Does she need AP ? Has she lost H4 status becuase she used EAD.? Can she travel outside US without AP? Can I apply for her & son's AP while they are outside US.?

Somebody please help me to understand what I need to do.
 
When is a AP document required? Is it required while leaving US or at the time of re entry ?.
--------- When you depart US you only surrender your I-94 with airline counter show your ticked and passport (keep copy of I-94 front and back for your future record in immigration file) no body will ask you for AP
My AOS is pending for 22 months. So far I have not applied for AP.
My H1 extension has been approved and I have sent my passport for stamping.
--- If your H1 extension is approved and sent your passport for Visa revalidation and you get the Visa stamp you don’t need AP till the expiry date of your Visa stamp. If you use EAD then you have to enter with AP. Many who are on H1 and I-485 pending apply for AP because if they have to change employer they may have to use EAD and if EAD used by H1 holder then AP is needed to re-enter they keep AP with them as back up
My dependents H4 are also approved. My wife had used her EAD and worked for some time before applying for H4 extension.
I had mentioned about her employment in the application for h4 extension.
---- I am missing something here. Your wife was on H4 visa status and after she filed derivative I-485 she got EAD and used EAD. When she used EAD BCIS extended her H4 status, it means now she is on H4 status. I am not clear I am confused that she worked on EAD and BCIS extended her H4 it is not normally done and I have not read much about that situation. How the BCIS extended her H4 after using EAD? I hope other friends will guide you
If she wants to travel outside US. Does she need AP?
---- I think she needs AP
Has she lost H4 status because she used EAD.?
---- Yes
Can she travel outside US without AP? Can I apply for her & son's AP while they are outside US.?
----- No, she should not travel out side the US without AP approved in hand. One of the friend posts that no problem in such situation I will go by law. Read below
http://www.murthy.com/chat1020.html
Chat User : Hi. Does one need travel parole even at the time of leaving the U.S. or only when entering the U.S.? Can it be mailed outside of the U.S.?

Attorney Murthy : Under the law, a person is no longer supposed to depart the U.S. before obtaining the advance parole approval. At the time of entering the U.S., the inspector at the airport has the right to deny the person entry to the U.S. based on the person's having departed the U.S. before having obtained the AP approval. So, it is risky to depart the U.S. before obtaining the AP approval notice.

Somebody please help me to understand what I need to do.
---- You should apply AP for your wife; she should get AP approved while she is IN US
 
Ginnu,

I had mentioned about her employment in the application for h4 extension.
---- I am missing something here. Your wife was on H4 visa status and after she filed derivative I-485 she got EAD and used EAD. When she used EAD BCIS extended her H4 status, it means now she is on H4 status. I am not clear I am confused that she worked on EAD and BCIS extended her H4 it is not normally done and I have not read much about that situation. How the BCIS extended her H4 after using EAD?
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What I mean by this is: I applied for I-485 in Jan2002. My H1B was valid till Feb 28 2003. I and my wife Got EAD in July 2002. In december 2002 she worked using her EAD for a month. I continued( still) to work on H1B..

In Mid Feb 2003 I applied for my H1B Extension. While I applied for my H1 , I also applied for H4 extension for my dependants. On application form there are questions like : Is there is any other case pending @ BCIS, Have you worked for anyone ,if yes provide the details. I furnished all the details about my wife's employment using EAD , pending AOS in her application. I got my H1 and my dependents H4 extension approved in July 2003. This is what I mean by applied for H4 extension for my dependents based on my H1B. I am still continuing to work on H1B and I have never used EAD .Under this circumstance what is the status of my wife. H4 ? or something else that warrants AP. This where I am confused. If I have to apply for AP for my wife. Then what will be the status of my son ( 7 years old). H4 or something else.
 
What I mean by this is: I applied for I-485 in Jan2002. My H1B was valid till Feb 28 2003. My wife and I Got EAD in July 2002. In December 2002 she worked using her EAD for a month. I continued( still) to work on H1B..

In Mid Feb 2003 I applied for my H1B Extension. While I applied for my H1 , I also applied for H4 extension for my dependants. On application form there are questions like : Is there is any other case pending @ BCIS, Have you worked for anyone ,if yes provide the details. I furnished all the details about my wife's employment using EAD , pending AOS in her application.
---- If you provided every detail about your spouse working on EAD and then BCIS has extended her H4 status I don’t see any problem because Last Action from BCIS is that they extended her H4 status and she is in H4 status
I got my H1 and my dependents H4 extension approved in July 2003. This is what I mean by applied for H4 extension for my dependents based on my H1B. I am still continuing to work on H1B and I have never used EAD .Under this circumstance what is the status of my wife. H4 ?
----H4 AND adjustment of status pending
or something else that warrants AP.
---- I would keep approved AP for her because if she did not get visa stamp while she goes out of US then she can enter with AP . having AP and using AP are different matters
This where I am confused. If I have to apply for AP for my wife.
------------ Even if you apply AP for wife then also your wife status is H4 and AOS pending
Then what will be the status of my son ( 7 years old). H4 or something else.
---- If you got H4 extension for your son then he is also in H4 status and AOS pending(if I-485 has been filed for him).

If you have more concerns or doubt you should speak to your lawyer
 
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