[B] Travel without AP[/B]

[nilu2079]

Urgent----Travel without AP
I want to inquire whether my wife (H-4) can travel outside the country when she had applied her I-485. We have just applied for AP. My laywer says Law doesnt say anything about H-4 but H-1b can go out and enter without AP. My laywer also says as soon as my wife has filled her I-485 application, she is no longer on H-4 status and she need AP to leave and enter the country.

Is is safe to travel on H-4 without having AP?

 

[haoyun04]

just for reference

First of all, she need the H4 visa stamp, not just on H4 Status. She should be able to come back with valid H4 visa stamp before expiration date.

She is going to take risks if using H4 visa without AP:
If by any chance, your H1B is invalid (such as lost job, laid off, etc) during her trip outside USA, she could not come back to USA since H4 is no longer valid.

If by any chance, I-485 is approved before she comes back to US, she is out of status and can not return back to US.

I am not a lawyer, and above opinions are just for your reference.

 

[TheRealCanadian]

If by any chance, I-485 is approved before she comes back to US, she is out of status and can not return back to US.

She cannot be out of status when she is outside the US. If the I-485 is approved before her return, the POE can always parole her into the country. What do you think they do in the case of a primary H-1 holder who has his or her adjustment approved while abroad?

 

[haoyun04]

with my understanding, She has NO AP to so she could not be paroled into USA, if H1B is no longer valid or I-485 is approved while she is outside USA.

however if the primary applicant has no issue with his H1B company or I-485 is not possible to be approved during the trip, I do not think she has too much risks.

 

[Want GC Soon]

Urgent----Travel without AP
I want to inquire whether my wife (H-4) can travel outside the country when she had applied her I-485. We have just applied for AP. My laywer says Law doesnt say anything about H-4 but H-1b can go out and enter without AP. My laywer also says as soon as my wife has filled her I-485 application, she is no longer on H-4 status and she need AP to leave and enter the country.

Is is safe to travel on H-4 without having AP?

Your lawyer is wrong. As long as she has a valid H4 and has never worked on EAD, then she has no issue entering US without AP. If incase your 485 gets approved when she is there in India, there might be issues. If her stay is not too long in India, she is all set. Good Luck!

Just filing 485 doesnt mean that she has to enter in US using AP. As long as your are on H1B working, she has never used EAD, she is fine with the valid H4 stamping on her passport.

 

[TheRealCanadian]

with my understanding, She has NO AP to so she could not be paroled into USA, if H1B is no longer valid or I-485 is approved while she is outside USA.

You don't need AP in order to be paroled into the US. AP doesn't give the POE any parole authority that they didn't already have under the INA.

AP is just a letter from a District Director of USCIS, asking the POE if they'd do him or her a favor and parole you into the US. The POE could parole you if you showed up and asked nicely, but it's 1000x easier if you have a letter from a government official asking nicely on your behalf.

 

[haoyun04]

You don't need AP in order to be paroled into the US. AP doesn't give the POE any parole authority that they didn't already have under the INA.

AP is just a letter from a District Director of USCIS, asking the POE if they'd do him or her a favor and parole you into the US. The POE could parole you if you showed up and asked nicely, but it's 1000x easier if you have a letter from a government official asking nicely on your behalf.

Thanks for clarifying those definitions, TheRealCanadian. now I think it is up to nilu2079 to decide the risks himself..

 

[nilu2079]

Thanks for the responses.

Folks,
Thanks for the responses. That really helps. Its hard to trust Lawyers, they only see money....