Travel without AP

R

righthalf

New Member
This question might have been answered somewhere but I couldn't find it, so here it is:

I have just applied for Advance Parole with my 485. I am guessing it would take about 3 months to get the AP. In the meantime my spouse (who is on valid H-4) will be travelling outside US. My question is, can she do this without having an Advance Parole.
My lawyer says she can as long as while returning she has the filing receipt number. But others seem to differ.
I read the rule and it seemed that valid H-1B visa holders can travel without AP, but it doesn't talk about H-4.

Can someone please help?
 
she can travel on H4 as long as you maintain your H1-B status (ie don't change employer)

BUT- If she has also filed for AP, her application(AP) will be considered abandoned if she leaves before AP approval. You will have to refile and pay again. If she has not applied for AP, then no worries- I am on H4 visa and never applied for AP and have been in and out of country several times.
 
Urgent----Travel without AP

I want to inquire whether my wife (H-4) can travel outside the country when she had applied her I-485. We have just applied for AP. My laywer says Law doesnt say anything about H-4 but H-1b can go out and enter without AP. My laywer also says as soon as my wife has filled her I-485 application, she is no longer on H-4 status and she need AP to leave and enter the country.

Is is safe to travel on H-4 without having AP?
 
My wife came back to the US with just a month remaining on her H4 with no AP. We had 485 pending then. The only thing was that the POE officer just gently pointed out the fact that her H4 was about to expire nothing else..

Rgds,

Yeppo
 
This is what my lawyer said: As long as she or I have a valid H-4/H-1 we can travel. If the officer asks if you have filed for adjustment of status then you of course will say yes and then he may ask you to show the receipt. So you should carry the receipt of filing with you.
No AP being in hand requirement... My wife is already out of country and she would be coming back before the AP approval. So let's see.
 
Hi, RightHalf u are fully right!!! Your wife can come back to US on valid H4 and continue AOS w/o any problem. Please ask your lawyer about the AP which is pending. Can this AP after approval be used for her future visits or not? Is AP deemed abandoned if one leaves US before approval? In that case, the only recourse is it to reapply for a new AP and not leave US till approval. Or can she use the present pending AP after approval going forward? Answers to these questions will help you to avoid future problems when applicable. All the best.
 
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