H4 applied for AP, leaves before AD then out of status

[Hchmani]

Hi Guys,

I am H1 and my wife is H4 (stamp on passport). I 140 pending, I am principal applicant, both I-485s are pending. We applied for EADs, APs. I received mine but not my wife's. My wife went abroad thinking to come back to the US with her H4. Meanwhile, I changed a job and used my EAD and she is still abroad. Because now we are not H1/H4 anymore, my wife cannot come back with her H4 visa. Is there any problem to send her the AP once I receive it, that she can enter to the US with it or I need to do something else.? They say you need to wait for your AP before leaving the country, but this is not true if you leave on a valid H1 or H4 visa. The specific thing to my wife's case is her H4 became invalid while she was abroad and therefore she could still use the AP that she applied for before leaving. Am I assuming things Here?. Please help us with this issue and do you have any examples of what will happen in the port of entry with a case like this.

Thanks

Hchmani

 

[ginnu]

Hi Guys,

I am H1 and my wife is H4 (stamp on passport). I 140 pending, I am principal applicant, both I-485s are pending. We applied for EADs, APs. I received mine but not my wife's. My wife went abroad thinking to come back to the US with her H4. Meanwhile, I changed a job and used my EAD and she is still abroad.
-------- you did a mistake by joing with EAD, you are no more on H1 and she is not on H4 her H4 became invalid the day you used EAD. why you did not post or ask your lawyer before using EAD?
Because now we are not H1/H4 anymore, my wife cannot come back with her H4 visa.
-------------------------correct
Is there any problem to send her the AP once I receive it, that she can enter to the US with it or I need to do something else.?
--------------------------talk to your lawyer or to the person who advised you to use EAD or advised her to go out before getting AP approved in hand before going out
They say you need to wait for your AP before leaving the country, but this is not true if you leave on a valid H1 or H4 visa. The specific thing to my wife's case is her H4 became invalid while she was abroad and therefore she could still use the AP that she applied for before leaving. Am I assuming things Here?. Please help us with this issue and do you have any examples of what will happen in the port of entry with a case like this.

Thanks

Hchmani

---------------- you need lawyer for this situation

 

[jnpr]

Hi Guys,

I am H1 and my wife is H4 (stamp on passport). I 140 pending, I am principal applicant, both I-485s are pending. We applied for EADs, APs. I received mine but not my wife's. My wife went abroad thinking to come back to the US with her H4. Meanwhile, I changed a job and used my EAD and she is still abroad. Because now we are not H1/H4 anymore, my wife cannot come back with her H4 visa. Is there any problem to send her the AP once I receive it, that she can enter to the US with it or I need to do something else.? They say you need to wait for your AP before leaving the country, but this is not true if you leave on a valid H1 or H4 visa. The specific thing to my wife's case is her H4 became invalid while she was abroad and therefore she could still use the AP that she applied for before leaving. Am I assuming things Here?. Please help us with this issue and do you have any examples of what will happen in the port of entry with a case like this.

Thanks

Hchmani

i heard some lawyers send ap out of the country and the travelers didn't have trouble to get back here. not sure if you would have problem in the future in that case.