Staying out of the country on H4 after AP has been 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.

 

[Edison]

As long as you maintain H1 status, your wife can get H4. There is no limit regarding staying outside the country. So you/your wife don't need AP to re-enter the country.

But to be on safer side get AP before leaving the country. Since your AP application is pending for more than 60 days you can get AP from local office. Also if EAD application is pending for more than 90 days you can get interim EAD from local office.

AOS applicants shouldn't leave the country without getting AP but since you maintain H status you can leave the country ans reenter using H visa since H visa is dual intent(non-immigrant and immigrant) visa.