H4 and AP !..Plesae Help

R

rinku_sam

New Member
Hi,

I have applied for I-485, EAD and AP for my self, My wife and my 3 yr. old Kid in Oct 2002.
Now I came to know this week that my company is not doing good and may be they will give us a salary reduction.
In this situation I want to sent my Child to India with my Parents for at least a year or more.

1.Can he stay in India for that long time? My lawyer said that he should not stay more then 6 months.

2. I have a Valid H1 till Nov 2003 that means my wife and kid still have H4 till that date.Then Does my child need AP to travel and come back in Nov or are there any restrictions? Does this travel affect on his !-485 processing?

3. After GC, Can I send my kid to India for studies ? how much can he stay out side of US in a calander year?

4. I have heard that if once any one of us (me OR my wife ) once utilise EAD to do work in US then all of us (including kid ) need valid AP to enter back to US. Is that correct? even for my child who is not using EAD to work and havinf Valid H4 to travel?

Please replay on this as I tried to search lot of web sites and forum contents but I could not find answers of these questions.
Thanks
 
I have applied for I-485, EAD and AP for my self, My wife and my 3 yr. old Kid in Oct 2002.
Now I came to know this week that my company is not doing good and may be they will give us a salary reduction.
In this situation I want to sent my Child to India with my Parents for at least a year or more.

1.Can he stay in India for that long time? My lawyer said that he should not stay more then 6 months.
-- -- He can stay more than 6 months he should be back before AP expires, AP is issued for 1 year

2. I have a Valid H1 till Nov 2003 that means my wife and kid still have H4 till that date.Then Does my child need AP to travel and come back in Nov or are there any restrictions? Does this travel affect on his !-485 processing?

----If you have Valid H1 and your wife or kid have H4 stamped till Nov 2003 they can enter on H4 visa no need of using AP, they have H4 status , it will have no affect on pending I-485

3. After GC, Can I send my kid to India for studies ? how much can he stay out side of US in a calander year?
Yes you can.
4. I have heard that if once any one of us (me OR my wife ) once utilise EAD to do work in US then all of us

(including kid ) need valid AP to enter back to US. Is that correct? even for my child who is not using EAD to work and havinf Valid H4 to travel?
----If your wife used EAD then before leaving for India she should leave the job and can enter on H4 or AP but if You use EAD, IF you use EAD then All should use AP
 
Thanks for replay..

I don' t have problem with My wife using AP to travel to India and come back.
It is my Kid, I 'm worried about.
He will not use his EAD any way. I have applied for that so that I can get his SSN . But now in the scenario when my wife does a job on EAD and travels on AP , is it required for my kid to travel on AP too?
Can he go out of country and come back on H4 as we all have valid H visa till Nov 2003. ?

And my other question was ..
How long can he stay out of country ?

Thanks Again
 
Assuming that you are the primary 485 applicant, as long as you maintain H1 status, your wife and kid can maintain H4. If your wife uses EAD, kid can be H4 because you, the primary applicant, would be on H1. If you use EAD, all of you must use AP to travel. Your kid can be out of the US as long as AP is valid (assuming he/she uses AP) or indefinitely while on H4. Once you all get the green card (or stamping) you can't be out of the country for more than 6 months (or you lose the GC). You kid can get re-entry permit valid for 2 years at a time but this works for max 4 years. Anyway it will take a while for your GC to come through so until then the kid is free to travel and stay abraod as noted above.
 
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