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...?
IF SHE APPLIED AP BEFORE GOING TO INDIA and recieved AP before going to India
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
from your post it seems that your wife applied for AP in May 2002 while she was in US but left before recieving the AP
if this is correct better seek legal advise from a good lawyer
or she should be back to US before her H4 Visa sticker expires to avoide any future problems becase if you file I-485 and leave US with out AP then I-185 is supposed to be abonded but if you have valid H1B or H4 you can enter using your Visa if you have not used EAD, if EAD is used then enter on AP.
