Need Help ! AP Travel

S

sayedfaisal

Registered Users (C)
My AP is approved and am waiting for my wife & daughter approval. As per AVM and IIO there case has been approved and was mailed on 02/20/02, But I haven\'t received it yet.

My family is travelling to India and will be coming back on 07/31/02 whereas there H4 is valid until 08/14/02.

Is it a must they have to have AP or Can they enter US on there H4 status which will be valid for another 15 days after there arrival.

Please advice .

Thanking you in advance.
 
They can enter in H4...

until the day of expiry. However the officer at POE is likely to ask how they are going to maintain valid status. They should say that an approved AP is there (only if asked..) and give the reference number (A# or receipt #) as proof. But I do not anticipate any such questions.
 
Does AP need to be approved before departure?

I am in similar situation... My family has valid H4 and AP. Although the family left the country immediately after filing for AP that is before AP was approved.

Now here is the situation, the H4 is valid but was from previous company that I worked for.

AP is approved.

Should they use AP or H4?

jaxen and others please help...
 
Preferably...

But I guess in your case it should be okay. Generally if you are on EAD then you have to use AP for travel. By extension your dependents also should use AP. Ask your dependents to have the AP copy and I485 receipt copies in hand and consistently show that for status document.
 
Hello jaxen

I am sorry but I did not understand the answers fully,

1. Is it OK to travel before AP is approved?
2. I used AP while entering US, do my family have to use AP? (they have valid H4 and neither of us used EAD)
 
I am not INS POE Officer...

1. INS says you should travel only after getting the approved AP. But I think it is for family based adjustees. So you should be ok (usual not from INS caveat...)

2. If you use EAD, then your family will have to use AP. If you use AP but kept on using H1 (get the revalidation etc.) then your dependents can use H4 or AP. Most probably they will be let in with whatever they present at the POE. The problem will be caught when you go for the 551 stamp and IF the local INS conducts a date to status match.
 
Hello jaxen

Hello jaxen,
Your answer frightened me a little. I need to know what kind of problem I am likely to encounter and what do I have to do to avoid it?
 
The problem is you keep messing around and

keep switching from EAD to H1 to EAD and your dependents not using the right document at the right time.
 
Hello jaxen

First of all thanks a lot for all your efforts to reply to these messages becasue I understand that sometimes it is a mixture of pain and frustration.

In my case I never have USED EAD so I guess I do not have to worry about the potential problem that you are referring to. Do I?
 
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