leaving US using H4 visa while waiting for GC

[gcbeg]

Hi! I need a help.. and I mean HELP. Cause my gc is still pending. we (my family & i) are still waiting for it to come and my problem is that I am planning to go back to my country to study college in there.. Classes will start on the first week of June, and i guess that I cannot wait for my green card to come. My questions are:
1. Can I use my H4 visa (that had been issued in US embassy in my country of origin) to leave US?
2. Do I still need to get AP?? Even if I am a dependent of my parent?
3. Incase our (family) GC arrived in our house here in the US, can they just go home in our country of origin with the green card? (my greencard?)
4. Can I use my green card (brought by my parents from US) to enter back to US???

thank you from the bottom of my heart.

 

[TheRealCanadian]

1. Can I use my H4 visa (that had been issued in US embassy in my country of origin) to leave US?

You don't need a visa to leave the US. You will need one to return.

2. Do I still need to get AP?? Even if I am a dependent of my parent?

If your H4 is no longer valid, then yes.

3. Incase our (family) GC arrived in our house here in the US, can they just go home in our country of origin with the green card? (my greencard?)

Perhaps. It could be argued by USCIS that you have abandoned your adjustment application.

 

[gcbeg]

You don't need a visa to leave the US. You will need one to return.



If your H4 is no longer valid, then yes.



Perhaps. It could be argued by USCIS that you have abandoned your adjustment application.

My H4 is valid until June 2009. So that means I can still use it when I go back here in the US??? Do you think the immigration in the airport won't question me? And it won't affect my pending GC?

 

[manwithnoname]

Please do not confuse with the temporary visa H-4 with the permanent residence application. Prolonged absence in the US during AOS stage will raise questions about your intent to establish permanent residency.

 

[tammy2]

Please do not confuse with the temporary visa H-4 with the permanent residence application. Prolonged absence in the US during AOS stage will raise questions about your intent to establish permanent residency.

No it should not. It is only after you get permanent resident status. There are people who use the CP come first time to US with GC in the hand

 

[darren102]

You will have no issues on H-4 provided that your Green Card is not approved. Once it is approved your H-4 is invalid and the only way to come back would be the green card meaning someone would have to mail it. However this is risky and hence also without AP you risk having your application denied due to abandonment. My family were in a similar situation and AP is the only way my lawyer said to be absolutely sure.

 

[number30]

You will have no issues on H-4 provided that your Green Card is not approved. Once it is approved your H-4 is invalid and the only way to come back would be the green card meaning someone would have to mail it. However this is risky and hence also without AP you risk having your application denied due to abandonment. My family were in a similar situation and AP is the only way my lawyer said to be absolutely sure.

Should be able to enter on H4 if it still valid.

 

[gcbeg]

?

Should be able to enter on H4 if it still valid.

do you think it wont affect my green card application if i stayed in my country for like 1 year? cause my h4 visa is still valid next year june 09. so i might stay in my country until may 09.. and i think, for sure, my parents here in the US had already my green card by that time (may 09)..

 

[navik_pathak]

do you think it wont affect my green card application if i stayed in my country for like 1 year? cause my h4 visa is still valid next year june 09. so i might stay in my country until may 09.. and i think, for sure, my parents here in the US had already my green card by that time (may 09)..

1) it will not affect your Green Card Process & you can come back in US untill your visa is valid.
2) You should/must apply for AP just to be free from any kind of questions which can arize later in your case.
Consult with your attorny for various scenario, you may lay out various scenarios and he can answer it better.