AP question - urgent

[green_card_texas]

1.My wife is in India.
2.H4 is expiring on 28th oct
3.AP is still pending.
4.Can she stay past oct 28th (till dec 2002) and come back using AP...?
thanks.. please reply..urgent

 

[goodsaint]

Ask her to come back before expiry of H4. If not, ask her to get new H4 from consulate.

AP has to be obtained prior to departure. Therefore, even if you get the approval, she CAN NOT use that AP in this trip.

 

[green_card_texas]

Am I getting it correct..........?

Adavance parole( first time) has to be obtained before the departure? only then its valid?..

 

[green_card_texas]

more details...

5.She applied(first time) AP(texas) last may 2002 , when she was here.
6. Never thought it will take this long.
7.I got my EAD,AP.
8. She got her EAD.
9.I am still using my h1 which is going to expire on oct 28th.
10.We havn't applied for any extension of h-1 and h-4

 

[goodsaint]

If I were in such situation, I would come back before expiry of H4. I don't see any other options.

 

[milli]

I agree with goodsaint.....She has to return before Oct 28th...AP must have approved before your departure to use it to come back...

 

[Dvo]

according to my lawyer, AP only has to be applied before the departure.

 

[goodsaint]

Again, law offices are managed by paralegals. They act like lawyers and screw up. What ever and whoever said that is wrong. You will easily find this information on ins.gov; search for "advance parole". AP has to be approved before departure.