Status question..Please help

[uknair]

My wife is on an F1 and she is graduating this month.
She also in the process of AOS as my dependant. My H1 is valid thru Sep 2003. The question is, we are planning to go out of the country for few weeks for her sister's marriage.
I am sure she would need an AP.
Her AP application was recd at INS Nebraska on Nov 15, but she has tickets to leave on Jan 3rd.

1.Can she leave before it is apprved and have some one mail it to her in India?

2.What status she will be returning as. She was on an h4 and then converted to F1 and the status in the AOS application was F1. Will she have any probem re-entering only with AP?

3. Would she need to go back to H4? If so, what needs to be done.

 

[uknair]

Can some body help me?

 

[cinci2002]

I think you need to get a legal advise here because the situation is little complex. I would not go out of the country without an approved AP. You can go to your local INS office and get an expedited AP if you do not receive it may by couple of weeks before the travel. Good luck, keep us posted.

 

[nairkk]

According to my knowledge you can't leave the country when your AP application is pending, which means you are abandoning the application. I had a similar situation last year, my wife had to leave and we waited until it is approved and then I Fed-Exed her the approval.