Travel outside USA while waiting for AP

M

mballav

Registered Users (C)
Hello:

I was wondering if someone could help with this. We are waiting to get our AP and my wife needs to visit her sick parents immediately. Can she go to India now without AP? Once I get the AP, I will go over and bring her back with me. Is that viable?

Please advise.

Regards,
Manish
 
Many have done what you propose. If you are planning to be here until AP is approved then you will take care of any contingency (RFE in AP etc.) , I think that this should not pose any problem. I definitely know (and have seen posts in this forum) who were in a similar situation.
I have not seen any post so far in this forum, who said that their admission was refused because AP approval dates were post dated than the exit dates...
You be the judge.
 
Waiting for AP, Travel out side USA

Hello

I am also in the same situation.
My wife needs to go india to visit her sick mother and
we are still waiting for AP.

Here is the info in detail:
=================
Applied for I140 for me and
I485/I131/I765 for mywife and me.

RD: 01/16/03
ND: 01/17/03

My H1B and her H4 expires : 03/01/03

My company is in the process of getting my H1B extension (her H4 extension also,..)(premium processing!!!), as of 02/06/03they haven't applied to INS(I am sure they will do it in next few days!).

She is planning to go out before 03/01/03(her H4 expires) and once i get her H4 approval or AP and mail it to her
and she will come back on her H4 or AP?.(shw will get her H4 stamped in Madras, India.). or use AP to come back?.

Is this makes any sense ?. will she be able to come back without any problems?.

Any help will be appreciated!.

Thanks in advance to all responders!
 
Yes I uderstand many have done this and many will do
(that's because at port of entry, most of times INS officer
cannot figure out when you left USA - INS alien/visitor exit
record system is not properly upgraded yet, but they are
trying to do it). But technically they can refuse entry if
you did not take AP with you when you left USA (in case it was
sent you by mail).
If there is any emergency you can always go to INS local
office, show your AP application receipt, mention your
emergency. They will give you an AP immediately.

There are other avenues - if it's a "reasonable" emergency and
you could not go to INS before you left USA, you attorney
can advice INS to send AP at local US consulate. And you
have to collect it from there.

And, obviously if your H1/H4 is still valid (and is not going
to expire within 2-3 months before traveling), you can use
your visa for re-entry.
 
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