AP Issue - Urgent Travel to India

[hardworker]

Hi Guys,

Please help - I need some advice on this: We have applied for our AP on 11/03/03 and the case has not been approved yet (the average time for approval for AP has been about 2 months). But now, We have to leave to India for some very important personal commitment. To re-enter, I don't have a problem as I can come back on my H1 (I have valid H1 status and visa). My wife has an open ticket for now and will come back to US in February (hopefully AP should be approved by then). My question:

a) Can we leave the country while AP is being processed?
b) Worst Case, can my wife come back to US on her H4?

Please advise. Thanks very much.

Hardworker
I140/485: RD - 11/01/02
I140 AD: 11/19/03
AP: Still waiting, RD: 11/03/03

 

[tammy2]

Originally posted by hardworker
Hi Guys,

a) Can we leave the country while AP is being processed?
b) Worst Case, can my wife come back to US on her H4?

a) You can leave But you may not be able to use AP this time.

b) Using H1/H4 is not worst case. Better if she comes in on H4. Any way if you leave before approval of AP you should not use it.

My suggestion would be use H1/H4 as long as possible.