H1B Expiring...Not Received EAD or AP want to travel

K

kkdgc

Registered Users (C)
Hi Guys,
Could you please suggest me what I have to do in a situation like this.

1. My H1B expiring in May 2003
2. I applied for AP and EAD Feb 2003

Now My wife wants to travel to India and she has her H4 till May'03. Could you guys suggest what I have to do now?
Do I need to apply for New H1 or she can travel without AP now and after aproval of AP if I mailed to her how it will work?

I appreciate you guys if u can suggest me
 
i have similar situation

my wife is on F-1 and our application for 485 makes her visa invalid. we want to travel in MAY end. so are waiting for AP.
If we go without AP...and it comes later I think it should be ok. it can be mailed to her in India.

any other thoughts or an estimate of time frame for AP approval(ND of 17th March)? is there any chance of AP not getting approved?
 
Technically you are supposed to be in the US when AP is approved. According to some lawyers, INS at the POE is being more strict about this now and there is a chance that they would deny entry if the person was out of the country when the AP was approved. See also sheila murthy chat. This would be taking a significant risk. some local INS offices issue APs on a same day basis, especially if it has been pending at the service center for some time. try that first before taking this risk.
 
thanks for info

thanks sheila000

Im based in Boston...and my lawyer says unless its really an urgent reason, they wont give AP on same day basis. do you think talking with VSC would help?
 
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