Travel with Complexity

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sajyra

Registered Users (C)
Hi Friends
Need an advice !! My current I-485 Status is waiting for RFE Letter to arrive. (INS Mailed it today)

I have a valid H1 until 2004 (Same employer as GC process) and still working on that. I never applied for EAD. My wife's H4 had expired about an year back and she got her EAD last year but she never used that. We have decided not to renew her EAD this year. Her EAD is going to expire on Nov 30th. Now, we have a mandatory travel to India next month.
In my case, there wont be a problem as I can use my H1 for travel and to reenter. I also understand that my wife needs a parole, which we have applied last month. She is still waiting to get that. I am not sure if she can receive it by the end of next month. My question is what if she travels without having parole in hand and go to Madras consulate and get her H4 stamed based on my H1 validity. Will that be a problem ? Does she need to carry any other documents from here ?
Though my wife travels in November, I'm planning to go only after Christmas. If I get her parole by then, can I carry it with me and can she use that to re-enter ?
Please share your knowledge on this. I am waiting to book our air tickets.

Thanks
 
Travel

Your situation is somewhat similar to mine.


I have valid H1 and my wife has valid H4. EAD's are going to expire end of November. Havent applied for parole or EAD renewals. Going to travel to india early december. Lawyer told me its not a problem. I will get deferred inspection on re-entry and need to go for stamping when I get back in, if 485 gets approved in my absence. RD is 09/17. Hopefully it will be approved before I leave the country.

In your case, its better to get H4 stamped in India. I have heard that you cannot use AP if you dont get it before you travel. Read AP laws and consult your attorney. Your travel should be fine. Dont take unnecessary risks. Its not worth it.
 
Has any one actually traveled this way ? Does my wife need any documentation to get her H4 restamed in India.

Thanks
 
just toping it.. I know you guys are busy to plan weekend.. But, it helps me a lot if you can shed some light on it.
 
in the same situation

I am in the same situation too. Except my visa stamping has expired and my wife's is ok. So she has travelled after applying for the parole. I am waiting for the parole and will travel only when I get a parole (according to my lawyer's advise). I would suggest two in your situation.
1) Apply for a parole and travel as soon as it is approved so that you can take with you when you travel, or
2) If your wife is planning to stay for more than a month then she can get her H4 revalidated at a consulate.
I cannot do the second thing because it is taking a long time for the consulate to get back and my vacation is only for two weeks. I have been waiting to hear from the INS and it has already been 20 days.
My opinion is to apply for the parole for your wife and travel only when you have it in your hand. If you are lucky you can get it from the local INS office within a week.
 
Try your local INS office

Try to go to your local INS office and explain the situation. Some offices are considerate and may give you and Advance parole in 2-4 weeks. Generally they need to know the need for 'urgency'.

There's a pitfall to be aware of. Some local INS offices need that you withdraw the application from service center before they can accept their application. Be very weary of doing so. This generally complicates the matters, because service centers have a mailroom backlog and dont open the correspondence for few weeks, leaving you in indeterminate state for that period.

As far as H1/H4 renewal goes, there is no problem as long as you have stayed in legal status throughout your stay. H1/H4 renewals are a piece of cake.

Cincy485.
 
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