Ginnu , your advice needed

[uknair]

I am also in a similar situatiion.
What is the worst consequence if somebody has to travel while AP is penidng with INS? My wife's F1 is expiring this month(bcos she is graduating in Dec 02) and planning to travel early next month.

AP RD is 11/15, As per INS it might take one more month. I still have my H1. Can she get an H4 stamp in India to re-enter.

If the AP is approved in the mean time and we arrange somebody to send it to India, will that be okay?

 

[ginnu]

What is the worst consequence if somebody has to travel while AP is pending with INS?

------- INS has clearly stated that when I-485 is pending, you should get AP to travel before departure from US your AP should be approved while you are in US, IF you leave with out AP your I-485 may be abandoned, if you have valid H1B you can use that for entering US


My wife's F1 is expiring this month(bcos she is graduating in Dec 02) and planning to travel early next month.

AP RD is 11/15, As per INS it might take one more month. I still have my H1. Can she get an H4 stamp in India to re-enter?

--- IF your H1b is valid and still you are maintaining H1B status then she can get H4 stamped in India, If you used EAD and your employer filed up I-9 for you then you are not on H1B

If the AP is approved in the mean time and we arrange somebody to send it to India, will that be okay?

It is Risky but many have done it but if you get any RFE for AP then what you will do? You have left with out AP, times are very bad do not take the risk!!