H4 expired. Can we go out of the country using AP.

S

sreeni N

Registered Users (C)
Please help me.

My H1 has been sent for renewal on 20-sep-2002. My H1 is supose to expire on 30-sep-02. I think I am in status. I got my lin number also. but My wife H4 expires on sep-30-2002. she didn't apply her H4 extension. I and My wife applied for I-485/AP/EAD and got LIN numbers on Nov-15-2002.

My question is Whether I and My wife can use AP to go to INDIA. is there any problems while re-entering USA?? .

I appriciate your help.
 
Once your Wife gets AP she can use AP to enter US, she should have approved AP in hand before she goes to India, she should also carry I-485 filing Receipt with her because if at POE while she is entering US, the INS Inspector can ask for I-485 receipt, I hope you will get your AP very soon as your have already received Receipts.

When your H1B was sent for renewal/extension why did not your HR or Lawyer sent your wife H4 extension in the same envelope? She should have also got the H4 extension just by filling form I-539 with your papers. Even if you have AP and I-485 pending still you can extend H4. If she is going to use EAD for work immediately then no need to extend H4,

You both can go to India after you receive AP and enter showing Passport, AP, keep I-485 receipts with you if asked then show.
 
Hi ginnu,

Thaks for your repply.

Actually I didn't know about H4 ext. and My lawyer didn't tell me about H4 ext. It came to know through one of my friend. for safe side I am sending H4 ext. for my wife. Once she get H4 ext approval, can she sent for stamping in india? cause most probably she will stay in india for 3 months.

appriciate your help.
 
Ginnu , your advice needed

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 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?
 
FOR sreeni N



--- If she is in US when she gets H4 extension she can get H4 Visa REVALIDATED in US through Department and she will get new Visa stamp in her passport

If she is going to India immediately (with valid H4and before her I-94 expiry date) then no need of extension or sending her I-539 to INS, she can get H4 in India with your H1B papers, you have to send her your H1B valid copy, 3-4 recent pay stubs, Employer letter that you are working with them and complete I-29 petition copy that was sent to INS by Lawyer or HR of your Company for your H!B ,

if you have filed for H1b extension then you can file her H4 extension only once you have your H1B approved, your lawyer did a mistake he should have filed her H4 in same envelope, ask the lawyer if he can file for your H1B filing reciept as h4 is related to H1B

if you both have filed I-485 get AP for travel becase H1b approval now takes more time
 
Last edited by a moderator:
Reentry in US using AP , if the person leave b4 getting AP approval ?

Hello friends,

I have one question about travelling in AP, one of my friend has gone to India after applying AP,I-485 & EAd and her Visa stamping for H4 have expired , though she can stamp H4 , because she have an valid H4 approval from INS, My question is now she already received her AP & EAd approval but she is still in India, So in this case can she travel to US using her AP or does she have to stamp H4 in passport too ? Is it safe to travle in US using the AP , will they let her enter in US because she gone to India before getting her AP approvcal .

Any information will be appreciated.
Thanks
 
better she should get H4 stamped in India

she can also enter on AP as nobody is going to check if she went out of USA before her AP was approved, but times are bad If I am in her position I will get my H4 stamped in India
 
H4 expired

ginnu, Thanks for your help and advice.

Please help me.

As you said, me and my wife can travel using AP. my wife H4 expired on sept'30,2002 where as her I-485 receipt date was Nov'15,2002. There is gap between her H4 expired date and 485 receipt date. Is it safe if she travell using AP. ( Still me and my wife didn't get AP. expecting some time in january. planning to travel in mid Feb).

I appriciate your suggestions.
 
Having AP does not mean your out of status will be forgiven. Consult your lawyer. Proof that the 485 application was sent before expiry of H4 might help.
 
If your wife H4 and I-94 was expired before her I-485 was sent to INS then she was out of staus, better contact your lawyer before departure.
 
Hi Sreeni N,
Yes unfortunately your wife is out of status between the period her H4 is expired and date she filed for I485. Contact the lawer immediately and get it wright. You are in trouble if you don't do that. one should be in status before one files for I485. I am sorry that why your lawer did not mention about this while filling the I485 form. My suggestion is contact the lawer immediately. I had the same problem. I waited for I94 extension approval and filed my I485 on Nov 18 02. I know a very good lawer who got these cases approved very fast.
 
I guess she shouldnot leave the country with GC now. Cause she will be stopped while comming back. As jaxen said check with your lawyer if her 485 application was files before 1stNOV . If after that i guess u might hv to file her in 245 section and 1000$ and hold on to going ouside US till she gets approval.
 
Play the safe game

Folks,
Now its not the time to depend on luck or play even a little risky game. If you become out of status even form a single day, and also became in stutus again by some other approval by INS, still you can be questioned at the POE. You might be asked to proof that you were in status entire period of time while you stayed in US. If you fail, they might not allow to enter US.


If you are in those situation, please dont take risk. They are very sticky now a days. In fact they released a travel warning on AP lately so that everyone understand what consequences can take place.

You know the incident what happened in California for Irani men/women/boys.

You might consider yourself happened to be lucky that you are not the citizen of those muslim, arabs countries if you consider the treatment now-a-days, still there is risk for other countries too.

Hope this helps.
 
warning in tarvel in AP

Hello Sachin,

Can you please send me the link or where did INS post the report about 'warning on travel in AP', I will be interested to read that.
Thanks.
 
SreeniN - Donot loose your sleep on this

Hi SreeniN,

By the info you provided there is a gap of approximately 45 days between your wife's H4/I-94 expiry and filing of I-485. That is considered as voilation of status or out of status what ever it can be called.
The ban on entry applies to one that is out of status for more than 6 months .
Last year I visited Canada and on the way back to US by road , my wife and daughter were stopped at the canadian border as they overstayed H4 visa/I-94 validity for more than 6 months.Then we all went to India got our passports stamped with H visas and we are back in US and we entered US in the month of April ,2002. Now we filed for I-485 got AP and awaiting EAD .
But all this said , the best advice that you would get would be from your lawyer and so take his advice rather than listening to others not qualified and loosing your sleep.
You would need a advice that is more specific to your case and listening to others confuses you.
All the best .
 
It is UNLAWFUL PRESENCE

any stay beyond the date specified in I 94 is counted as a day of unlawful presnce, as distinguished from just 'out of status'. It is a matter of serious concern and may invite bar to re entry depending on the period of unlawful presence . Since it not yet 180 days of unlawful presence, you are safe, for now. but at the time of filing I 485 , the applicants should be in status . So, you better consulat a good attorney. your attorney has missed a very crucial point. copies of your I 94 are attached to I 485 so, the violation is in black and white.

the fact that your wife being a derivative beneficiary of the 485 application can be a mitigating factor.

I concur with the others about the urgency.

pl act quick.
 
It is UNLAWFUL PRESENCE

any stay beyond the date specified in I 94 is counted as a day of unlawful presnce, as distinguished from just 'out of status'. It is a matter of serious concern and may invite bar to re entry depending on the period of unlawful presence . Since it not yet 180 days of unlawful presence, you are safe, for now. but at the time of filing I 485 , the applicants should be in status . So, you better consulat a good attorney. your attorney has missed a very crucial point. copies of your I 94 are attached to I 485 so, the violation is in black and white.

the fact that your wife being a derivative beneficiary of the 485 application can be a mitigating factor.

I concur with the others about the urgency.

pl act quick.
 
You must log in or register to reply here.
Top