Travel on I-797 if AP does not arrive on time

S

shah007

Registered Users (C)
Hi gurus,

I am on H1 (got my EAD, but haven't used it yet). My wife is using her EAD to work. We have applied for AP but haven't received it yet.

My wife went to India and came back on her AP in April '06. Her AP expired today. She needs to go to India again in Jan '07. I doubt if her new AP will arrive by that time. My question is:

1. Can she quit her job and go to India on her I-797 (which is valid until Aug '07)?

2. If she can, will she have to go to the consulate in India and get an H4 stamp on her passport?
 
I797 is just a recipt notice isn't it? I don't think it has any validity for anything. As far as I know she will not be able to travel without a valid AP.
 
once she uses EAD, her H status expires.
and she must have AP to come back, when she is in AOS stage.

so she must get new H4, but i don't konw if they will give her new one.
 
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