ginnu/jaxen please suggest: Derivative applicants AP pending

[rajudm]

Our AP/EAD is pending in VSC with ND 01/07/04. My wife and son would like to visit India for three months from June 5th to August 28th. My wife has used EAD. Both of them have Advance parole at the moment which expires in June.

I have I485 pending but still I140 not cleared, both with ND April 16th, 2003.

I have my H1 and H4 for my son pending with ND october 8th, 2003.

I expect H1/H4 extension renewal to come through in couple of weeks.

What if AP renewal doesn't come through before June 5th, and they leave US, does it mean that their I485 is abandoned?

Since I will be having valid H1, they can get the H4 stamped and enter USA. In that situation is I485 process for them still active?

thanks

 

[jaxen2]

AP renewal is not tied to I485 abondonment especially for H/L visa holders (and their dependents).
Yes they can also use your H1 to get the h4 visa in the consulate if they did not receive AP. That will also not affect I485 "process".

 

[rajudm]

Jaxen thanks...

Thank for your response. One less to worry about in the world of US immigration for us.