Travel to India, AP & EAD not approved

M

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
 
microdev1 said:
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
Click to expand...

well if she has a valid stamp on the passport then she can go to india and return, but you should maintian ur H1 till she gets back, she should also carry a copy of ur passport, I-797 and Employment letter, maybe some latest pay stubs, might not be needed but still.

Also she will have to reapply for AP after she gets back, especially if it gets approved in her absence.

Hope this helps.
 
Last edited by a moderator:
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.
 
microdev1 said:
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,
----- if you are on H1 status she can use the valid H4 Visa stamp to enter US, she will be admited on H4 status.
still keep her approved AP and need not re-apply again
------ Yes she can keep the AP with her, it is upto her if she wants to use H4 Visa stamp or AP she has both the options. She does not need to apply new AP now, but when she is back in US she should apply for new AP 6 -7 months advance of AP expiry date ( or 6-7 months advance of her H4 Visa stamp expiry date or I-94 expiry ), so that she can have new AP that will have again validity of 1 year from approval date.
.
Click to expand...
 
You must log in or register to reply here.
Top