AP or H4

G

gvazz

Registered Users (C)
My wife is on EAD and i am the primary applicant still continuing on H1B status. I have a valid H1B with expiry in Jan 2011 while her H4 is expired. She has applied for AP on Jul 29 and we are waiting for the AP. She will be travelling to India on Sep 19 to attend a marriage.

I want to book the the tickets now for sep 19 travel. If she gets AP before that, there is no problem. But it doesn't, can she come back on H4 stamping?
Will that affect her pending AOS? Also, i don;t think i can send the AP to her if we get the document after Sep 19.

I would appreciate if you guys can help me out in deciding what to do. If H4 stamping is problematic, then we would have to wait for the AP before she travels.

Thanks in advance.
 
gvazz said:
My wife is on EAD and i am the primary applicant still continuing on H1B status. I have a valid H1B with expiry in Jan 2011 while her H4 is expired. She has applied for AP on Jul 29 and we are waiting for the AP. She will be travelling to India on Sep 19 to attend a marriage.

I want to book the the tickets now for sep 19 travel. If she gets AP before that, there is no problem. But it doesn't, can she come back on H4 stamping?
Will that affect her pending AOS? Also, i don;t think i can send the AP to her if we get the document after Sep 19.

I would appreciate if you guys can help me out in deciding what to do. If H4 stamping is problematic, then we would have to wait for the AP before she travels.

Thanks in advance.
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If she is in H4 status and the stamp is expired, she can apply for new stamp overseas and come with it with almost no issue except that stamping may be delayed for months as happened to few cases. Sending AP overseas is not a good idea giving the fact of multiple cases which get lost and the fact that her departure will be earlier than the issue date MAY be a problem when she return back.
 
Thanks for reply. I have decided it is better to wait for AP than having to apply for new H4 stamping. Her H4 has expired and she can only get H4 stamping from by valid H1B petition.

Can someone tell how much is the wait time for a new AP from TSC. This is the first time i applied for AP and it is not a renewal. I am not sure if the processing times are different for new AP vs renewal. Some of the renewal ones are processed in as few as 25 days but i think they are all renewals.

thanks again..
 
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