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

 

[signweb]

Not sure if this helps.

I think she can.

My wife was in India when her H4 expired, she used her AP to enter the US. The only difference in your case is that your wife still has her AP pending. My understanding is that since she can enter US only with an AP (and the receipt of her I-485 application), she must stay in India until her AP is approved and reaches her.

Please double-check with your lawyer.