Please Advice Travel Related Tombann, poongunranar,Bash,Jaxen

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p252

Registered Users (C)
Hi There,

My wife has to go to India in Jan to attend her brother's marriage and she will be returning on 25th of Feb. My problem is that she got AP but it is expiring on 10th of March and her H4 is expiring on 1st of March. We already applied for next set of EAD/AP but we have not received it yet. So my question is that as H4 visa and AP will be very close to expire , when she will re-enter into US, so will it be a problem or not. Or what kind of precaution we can take.

Thanks in advance

Prabhu
 
So, is she officially on EAD/AP? If not, ignore EAD/AP if she is still on H1-B status as H1-B is what will count in that case.

Now, I personally do know of my friend, who had his H1-B expiry date of March 7, when he entered this country on March 2, to apply for an extension of his H1-B. He didn't have any problems at the Port of Entry.

Unless your wife is officially on an EAD/AP (or if she doesn't work and is a direct dependent on you and YOU work on EAD/AP), having such a document really means nothing. In that case the H1-B is the valid travel document.

Though there is no technical impediment, pragmatically speaking it is better to avoid real close deadlines during international travel as you need to allow some time for possible contingencies. And since you have 13 days of bandwidth, I think you and your wife should be fine.
 
my case

I was in a similar case before(on an H-1) and returned to U.S just 4 days before my H-1 expired. No problems. Only the immigration guy in Bombay was cautious and he asked me if it was okay. Everything went smooth.
The only thing is that the immigration officer in Atlanta airport put the expiry date on the I-94 and it was just for 4 days. My lawyer then sent it somewhere to get it extended. Not sure of all the details.
 
She is an independent contractor (working as a real estate agent) and I am not working with my original H1 sponsor company any more. Technically I am on EAD and she is also on EAD. So in my case AP will play all the role. Am i correct or not ?
 
I don't think, there will be any more problem. Ask her to show her AP at the port of entry and get in to US. Send the Original Receipt copy of AP which you already applied with her, if any one askes say she applied for the next AP to travel out side if necessary.

If her next AP gets approved in between when she is in India send the original copy to her. Then all your problems sloved.

Don't worry, she will be safe and ask her not to stay at any cost till AP ending date. Plan before a week before return to US.

All the best to your wifes travel...

BaSh
 
I thought i will put some light.

since you dont have a new h1 or h4 you have show AP

so that you will get stamped on I94 as AOS (if you have extended h1/h4 and no stamping officer will stamp new date I94 and ask you to get stamped when you travell again)

travelling close to the expired date should not matter untill u show valid document to stay further.
 
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