If you leave country on H4 can you enter back

mrv1

Registered Users (C)
using AP.
my wife is ready to file her Adjustment and plan to leave in a weeks time for exams.

mean while If i get my 485 Adjusted when she is in India.

can she enter back to country using AP which she gets later.

thanks
 
AP should have been approved before you leave USA

Hi I have read some where that you need have AP before you leave the country. If you leave country while AP is in process it may be assumed that you abandoned AP. I am not an attorney so better to talk to the attorney as I could be wrong.
 
I talk to a known lawyer

and they told me if she can leave country on a valid VISA even after filing for AP, she can comeback on AP because her leaving the country does not require AP and things have changed after that.
 
I think she cannot leave the country until she gets the 485 reciepts

check with your attorney again.

Good Luck
din485
 
This was the rule till @ 2 yrs back ..but not anymore

They had this travel stipulation till @ mid 2000. INS then came back with much lax travel restrictions. From what I have seen, (on this site and speaking with people), you are very safe when travelling with an AP.
 
No Title

If someone has AP when leaving the US but did not show the AP to airlines. Can he enter using AP?
 
I guess u can do that

and ur spouse should be in U.S. on the date the attorney\'s office mail ur 485. she specifically told me that the spouse need not wait till the receipt is received. i got this info from my attorney. so i guess it\'s authentic. I guess u can come back on AP, even if u had gone on H4. I don\'t think that there is anything called abandoning the AP or EAD.
 
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