Travel Issue

G

garu1gsr

Registered Users (C)
We filed for my 485 at CSC in Sept \'01and for my spouse in Apr \'02.
My wife had to travel to India, and will be in India till Aug 11th, 2002.
She has applied for Travel document too, but it was not approved at
the time of departure and she will be using her H4 to return back.

The question is:
During her stay in India, if my GC gets approved(chances are very high
as CSC is processing cases received in early september), it will turn
my H1B invalid and inturn her H4. Will she be able to enter US ?
If yes how ? If she gets her travel document approved, will she be
able to use it to enter US ?

TIA
gsr
 
Traveling on AP & H4

If your I485 approved, then she too looses her H4 status, thus can\'t enter USA with H4.

She can get AP to travel back. See the AP application form and every thing is mentioned clearly.
 
Traveling on AP & H4

As long as your wife was added to the 485,before your being approved everything\'s fine. As she has already filed for AP and then gone back, the I-131 is going to be mailed to the US address, you can simply forward the same to her and she can enter US on that basis.
 
QMKWWTG

I am not sure what is the mistake here.

What I meant is that we don\'t have to submit any AP forms before leaving USA. While arriving USA only we need to show that to INS. In case if Airlines ask, show/give another copy.

I think as per your previous mail, I understood that you mentioned to handover one copy before departure. If I understood wrongly, I am sorry.
 
where to find more about AP ? How to use it ?

I did some reading and did not find any references where u
had to give a copy of AP with I-94. Could you please send
me the link where you saw this message...I have sent a message
to my attorney and am still waiting for a response...may be
this is a new case to them...
 
No problem at all

You can mail the approved AP to her and she can come back on AP regardless of yoyr AOS approval.

If you do not feel safe, you can hold your AOS approval notice till she comes back (with either H4 or AP). You are in H-1 status before your passport is stamped.
 
You must log in or register to reply here.
Top