Staying out of country on valid H4 after AP being filed

[140_140_140]

Hello

Can someone please answer the below question. I am in a tight situation as my wife needs be out of the country.

I have filed I140 in July of 2002 which is not yet approved. In May 2003 we filed I485, AP and EAD none of these have been approved for both myself and my wife. Due to a family problem she has to be away for some months.

The question that I have is for how long can she stay in India. My H1,her H4 expires in Mar 2004 and I am filing for 7th year extension shortly.

I would really appreciate any help/information.
Thanks in advance.

 

[novis]

AP is usually discussed in I485 forum. Since yours is concurrent filing, EAD & AP should have been a priority for USCIS. As per the AP aproval dates thread (http://www.immigrationportal.com/showthread.php?s=&threadid=95601), RD with 5/22/2003 has been approved. If you can wait a bit longer, wait.

Otherwise, apply for emergency parole at local USCIS office. But for that you should be able to convince USCIS that ur wife needs to leave country on an emergency.

There is another option. Since she is on valid H4, she may leave and come back on H4. If u want to be on safe side, then you may mail her the approved AP when u get it. When she comes back she can use either H4/AP. Better use H4. Check extract below.


http://www.bcis.gov/graphics/services/emergency/index.htm

Extract
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Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.