Travel without applying for AP

B

bharathk

Registered Users (C)
Hi,

I have a valid H1 and I am applying for I-485 ( I-140 still pending).

My wife needs to travel to India after I apply for I-485 and EAD.

My question is,

Can she travel and come back using her valid H4 visa. Or does she have to apply for AP and wait for it to be approved before she travels.

Can she apply and leave before the AP is approved.

thx,
Bharath
 
I have a valid H1 and I am applying for I-485 ( I-140 still pending).
----Apply I-485, EAD, AP
My wife needs to travel to India after I apply for I-485 and EAD.
--- File her I-485 with your I-485, EAD for her9if she wants to work or get SSN) and AP
My question is,

Can she travel and come back using her valid H4 visa.
----She can travel on H4 visa she should be back before her H4 visa stamp expire and if you maintain H1b status
Or does she have to apply for AP and wait for it to be approved before she travels.
----- She can apply for AP with her I-485, it is good to have AP as back up if her H4 visa is going to expire while she is out of US and she has to get H4 visa stamp(many consulates are creating problems for H1or H4 Visa stamp these days) she should apply AP IN US and her AP must be approved while she is in US. If she wants to come back before H4 expiry date of Visa stamp then no need of applying AP
Can she apply and leave before the AP is approved.
---- NO, she should apply AP in US and must have AP in hand before she depart US if she wants to use AP for entry.
 
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