Question - Travel on H4 while EAD/AP Pending

G

gcnewapply

Registered Users (C)
Hello All,

Your advice/experiences on the following would be of great help --

Our AOS application is pending. My wife plans to travel (possibly multiple times) outside the US while her EAD/AP application is pending. She holds an H4 visa and will enter the US each time on H4.

Do you forsee any problems? Are there any particular documents she should carry?

Many thanks.
 
gcnewapply said:
Hello All,

Your advice/experiences on the following would be of great help --

Our AOS application is pending.

My wife plans to travel (possibly multiple times) outside the US while her EAD/AP application is pending.

She holds an H4 visa and will enter the US each time on H4.
---------------------if she has H4 valid visa stamp then she can enter with H4 visa stamp (if YOUare on H1 status)

Do you forsee any problems? Are there any particular documents she should carry?

Many thanks.
Click to expand...
 
Dependent's EAD/AP with pending I-140/I-485

My wife has EAD/AP (dependent) approved and H4 visa stamp expired. If she uses her EAD before leaving the country, can she get her H4 visa stamped at the consulate? Is it better to show the immigration officer, H4 visa stamp or AP to reenter? She wishes to return and continue working on EAD. Does working on EAD invalidate the H4 visa stamp? If my I-140/I-485 later has problems can she leave and come back with her stamped H4 visa?
Could someone who knows the answers, please respond?
 
gcpursuer said:
My wife has EAD/AP (dependent) approved and H4 visa stamp expired.
If she uses her EAD before leaving the country, can she get her H4 visa stamped at the consulate?
------------------YES
Is it better to show the immigration officer, H4 visa stamp or AP to reenter?
---------------------if H4 visa in passport then show the H4 and enter on H4 status, she can again use EAD for work
She wishes to return and continue working on EAD.

Does working on EAD invalidate the H4 visa stamp?
-------------Not the Visa stamp it invalidte the H4 status
If my I-140/I-485 later has problems can she leave and come back with her stamped H4 visa?
------------ YES, if you are on H1 status at that time
Could someone who knows the answers, please respond?
Click to expand...
 
Related question(s)...

If the H-4 visa is denied, can I mail my spouse the EAD and can she use that to come back? Really the question is: Does one have to wait for the AP approval to be in hand before leaving the US? here is my situation;
I am a Pakistani on H-1 and wife is on H-4. Both have expired stamps but valide I-797 until 2009. I am hoping to have my Labor clear in another month or so and file for I-140 (EB-2) with concurrent I-485 by Feb ~ March, 07.
Now, can we go out of US after filing for AOS and AP? We can try to get new stamps, but if that becomes a problem then can we get the AP while in Pakistan and use it to come back? Or do we have to receive the AP while here in the US and only then can we use it to come back?
Also, can my wife leave even before we file for AOS and AP? Since, in EB-2, the PD will be current so will it be OK? The Service center is processing 485 from Apr, 06 therefore, my AOS will not be approved for at least 6 months. Does that mean my wife cna come back in the mean time and file for her 485? I know if my 485 gets approved, then she looses here H-4 status and can't enter back on the new stamp.

Lots of questions... but I hope I communicate my concern clearly. Basically, how quickly can we travel after filing for AOS and AP if we might have to use AP to come back in the US?

Thanks,
A101
 
a101 said:
Related question(s)...

If the H-4 visa is denied, can I mail my spouse the EAD and can she use that to come back?
--you can mail the EAD but EAD is not for entry to US. EAD is for work
Really the question is: Does one have to wait for the AP approval to be in hand before leaving the US?
-------YES, if wants to use that AP

here is my situation;
I am a Pakistani on H-1 and wife is on H-4. Both have expired stamps but valide I-797 until 2009.
I am hoping to have my Labor clear in another month or so and file for I-140 (EB-2) with concurrent I-485 by Feb ~ March, 07.


Now, can we go out of US after filing for AOS and AP?
---------------- you both need to be in US when file I-485 and with I-485 you can file EAD, AP. you can go out once get the I-485 filing reciepts but if you want to use AP then you both need Approved AP in hand before you go out
We can try to get new stamps, but if that becomes a problem then can we get the AP while in Pakistan and use it to come back?
---------------You cant get the AP in Pakistan. AP has to be filed in US while you are in US and AP need to be approved before you go out
Or do we have to receive the AP while here in the US and only then can we use it to come back?
---------------YES, you have to get the AP while in US
Also, can my wife leave even before we file for AOS and AP?
-------------Yes she can and come back on H4 if she gets H4 visa stamp
Since, in EB-2, the PD will be current so will it be OK?

The Service center is processing 485 from Apr, 06 therefore, my AOS will not be approved for at least 6 months. Does that mean my wife cna come back in the mean time and file for her 485?

I know if my 485 gets approved, then she looses here H-4 status and can't enter back on the new stamp.

Lots of questions... but I hope I communicate my concern clearly. Basically, how quickly can we travel after filing for AOS and AP if we might have to use AP to come back in the US?
-----------------After you get approved AP in hand
Thanks,
A101
Click to expand...
 
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