Travel with H-4 and come back with AP

[jhlpooh]

This is a situation.
My wife and I have valid H4/H1B and she is going to travel outside of US.
I read it from the forum that it is ok to travel with H-4 as long as the H-4 is vaild.
Our i-485 are pending and almost one and half month behind from the processing date posted at the NSC. (RD: 8/11/05 and processing date: 6/30/05 at N)
She will be out of US for 1.5 month.

1. Is there possibility that my i-485 can get approved by 5/31/06?
2. if mine got approved and my wife's is still pending, then my wife's H-4 will be invalid because my H-1B will be invalid at the moment my i-485 is approved, right? then how she can get back to US with H-4?
3. My wife is going to apply advance parole now and leave US. When her AP is approved I'll send the AP docuement to her. Can she use the AP to come back if the #2 happens?

Thanks in advance for your help.

JHLPOOH

 

[baby_mde]

If your wike is outside of US and during that period your wife AP is approved, then your wife 485 will be denied. It always better to leave the US after approved.

I think I read this on murthy.com

I may be wrong. talk to your attorney.

 

[compass]

This is a situation.
My wife and I have valid H4/H1B and she is going to travel outside of US.
I read it from the forum that it is ok to travel with H-4 as long as the H-4 is vaild.
Our i-485 are pending and almost one and half month behind from the processing date posted at the NSC. (RD: 8/11/05 and processing date: 6/30/05 at N)
She will be out of US for 1.5 month.

1. Is there possibility that my i-485 can get approved by 5/31/06?
2. if mine got approved and my wife's is still pending, then my wife's H-4 will be invalid because my H-1B will be invalid at the moment my i-485 is approved, right? then how she can get back to US with H-4?
3. My wife is going to apply advance parole now and leave US. When her AP is approved I'll send the AP docuement to her. Can she use the AP to come back if the #2 happens?

Thanks in advance for your help.

JHLPOOH

1. Yes.

2. Yes I think her H-4 will be invalid, but maybe she can pretend at POE that she is not aware of your approval and she will be let in with H-4 stamp. Consult a lawyer on this.

3. If you apply for AP and intend to use it, you MUST be in USA when it will be approved, and you MUST leave US having your AP in hands. If you leave US without AP and valid H-1/4, your I-485 will be considered abandoned. So if she applies for AP she must wait for approval and only then leave US.