Proper process on Traveling with AP

Your question on AP

First of all, let me clarify I am not a specialist in Immigration and I had narrated the experience of my wife at JFK POE.

Depends on my wife experience @ POE I do not think there will be any problems(Even though she had valid H4 and visa was not stamped in PP and travelling first time with AP). But only issue, your wife is in H1B. Please consult your attorney to get clear idea prior to your travel.

Thanks
 
Pro\'s and Con\'s

Assuming that the expired visa is for a H or L visa and that you have an extension of the same approved by INS, and based on your info that you have filed for a I485/AP and have received your AP approval.

You can certainly travel using the AP, no issue. Be aware that if your 485 is denied (for whatever reason) then you can stay based on your extended petition (ie. H or L) but subsequent entries will need a visa stamp.

If you have time, some spare cash and are risk averse then you can get your visa re-validated (ie. new stamp) while being present in the US and this will allow you to retain the safety net.

W_F_I
 
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