potential pitfall in travel..on h visa have unsed ead no AP

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bir999

Registered Users (C)
I and my wife are on AOS stage for last eight months..and also have ead which is valid till july 03..but we did NOT apply for AP..we have not used EAD and i am working on my current job for one and a half years on H1b..and wife is on H4
my wife is planning to travel to india from march to may ..questions

!. can she go to india without Ap ..and get H4 stamped at the us consulate in india...and come back....or the intent to immigrate with 485 is going to pose a problem

2. can i apply for 485 renewal before she travels ...and is there any potential pitfall, as she wants to work on her return

3. while she is abroad ..if i exercise my 485 (to save H1b time as my six years are up march 04) will it be a problem for her
 
Originally posted by bir999
1. can she go to india without Ap ..and get H4 stamped at the us consulate in india...and come back....or the intent to immigrate with 485 is going to pose a problem
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No problem. H and L statuses explicity allow for "dual-intent", so her pending I-485 cannot be used to deny her an H-4 visa.

2. can i apply for 485 renewal before she travels ...and is there any potential pitfall, as she wants to work on her return
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No problem at all, but I assume you mean an 'EAD renewal' you cannot 'renew' an I-485. File the EAD renewal NOW while the fees are $88 instead of $120.

3. while she is abroad ..if i exercise my 485 (to save H1b time as my six years are up march 04) will it be a problem for her
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The minute you are no longer in H-1B status, she cannot enter in H-4 status and must use AP. Watch out! Why are you so concerned about saving H-1B time?
 
Please be aware of the delay caused by security checks etc. at the Consulate when she's applying for H4 visa.
It is advised that anyone who has pending I-485 to apply for AP.
 
In this situation, why not give a try to get same day AP at your local INS office first, if you have some urgent reasons fpr travel. Hope that works, but otherwise you can always file for AP at VSC as soon as possible (definitely before departure).

-skk01.
 
From what my law firm has informed me,

H-4 holders may travel on their H-4 Visas as long as they have not applied for the EAD card. So if your wife (H-4) has EAD, then she must apply for AP before travelling abroad.

Moreover, it is highly recommended that you do not travel with out AP during AOS stage.
 
Re..

Here is my case to give you some relief. Dont listen to anyone , I have done it practically for real.


Me and my wife are on H1/H4 (stamped in passport) Our EAD's expired in November. We never used them. We got AP which is valid till end of 2003. I went to India in December and came back last week on H1. The officer didnt ask for AP or anything. My wife is still in India and will come end of next month.


My 485 was an inch close to approval when I left, and I still havent got it. It could be any day.

RD - 09/17
RFE - 10/31
RFE responded - 11/23

Make sure you get H1/H4 stamp in passport or AP. Best advice to get everything before u leave. Also if you dont have stamp in passport and are travelling on AP , Germany/Switzerland need a transit visa. Dont know about other countries.

Good Luck.
 
we do not have h visa stamped on the passport ..but have approval papers for the h visas....but last time she entered on h4 ..based on my previous job 2 yrs back.
my lawyer lubin and assoc ..told me since we have not used ead she can travel and return on H4 without AP ...now i am really confused
also there is not enough time to get vsc to give AP ..so what can be a reasonable ground to get same day AP
 
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