Travel to India, AP & EAD not approved

microdev1

Registered Users (C)
Hi,
My wife has a valid H4 visa till June'2006.
We applied for EAD & AP on 23rd March'04. Haven't got approval yet.

Now I wanted to know if she can go to India before AP is approved.

Thanks
 
Yes you can go, the only thing is that your AP applications will be invalidated, which means you will need to come back and apply that again.

I don't know which Service center are you in, but in CSC they are already proecessing for 03/29, which means the case should be ready for approval. Else just go and spend the money again.
I don't know what happens to the EAD application...



P.S: This is not a legal advice, Iam just a lay man like you, use ur judgement.
 
your AP and EAD will valid your wife can go and come back, but while comming back use h4 visa only
 
the above info is if your i-140 is approved if not i don't know i am also looking for that info
 
My lawyer told me that the AP application will be invalidated if one leaves the country before approval.
 
my friends wife got her EAD and AP she traveled to india on jan-16-2004 she applied in the first week of jan'04 in march she got both
i am sure
conform with ur attorney and do accordingly
 
Any comments ?

Here's excerpt from USCIS web site regarding travel wrt Advance Parole.

Any comments ?


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.
 
status change - AP approved

Our AP was approved today.
So now she will have an approved AP when she leaves US.
But now can she come back on her H4 visa,still keep her approved AP and need not re-apply again.
 
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