Gurus please advise.Urgent.Thanks.

[abcd2001]

Filed 485. Done FP. Spouse on H4. Got EAD/AP in dec 01.
Can spouse travel to India?
Do you submit your I94 to the airline?Any guidance will be very helpful.
Any issues/delay for 485 after returning? Please advise.Thanks.

 

[dreamingtobe]

If your wife has not used EAD despite applying for it

She can travel on her valid H4 visa, but she can as well use AP as she has it. From what I heard mere using of AP for travel does not cancel the H1/H4 status, only using EAD for a job cancels the H4 status. I do not see any problem in travelling esp when you have AP. But if u are expecting an approval soon, AP may not be valid once ur GC is approved..................

 

[abcd2001]

Thanks for the reply. H4 visa on her passport is thru my previous employer valid till Jul 02.

Is that okay?

 

[dreamingtobe]

I would use AP as I do not think

existing H4 visa stamp is valid only if she has H4 thru ur new company too, I think that she does not have it as u might be working using ur EAD, so I suggest she uses her AP for travel and also wait for any other comments from experts in this forum..

 

[Vivek_2002]

H4 with your current sponsoring employer will not have any problem but….

in your case there is a chance for risk entering back to US. It is better to consult an attorney.

 

[abcd2001]

Thanks for the replies.Does she have to submit her I94s to the airline on departure?