Traveling issue

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kiku1975

Registered Users (C)
My Wife is traveling to India next month and returning on Nov 10th. Her H4 stamping is valid til Nov 15th. We have filed for I-485 in April 2006. In case if we receive green card before she returns, can she return on H4 or it has to be Advance Parole?
Thanks
 
kiku1975 said:
My Wife is traveling to India next month and returning on Nov 10th. Her H4 stamping is valid til Nov 15th. We have filed for I-485 in April 2006. In case if we receive green card before she returns, can she return on H4 or it has to be Advance Parole?
Thanks
Click to expand...

Have you applied under EB-1 category? Even if you had filed EB-1 the name check sometimes takes time. As long as visa stamp is valid she can come back. Better to have all the document (including advance parole, 485 notice, i-140 approval notice copy) while your wife comes back.
 
Thank you madgu-gc2005

I have applied under EB-2 category. I do know that it would take more time. It could be next year considering the processing times.
I asked this question to make sure that she could enter US on H4 or AP if our I-485 is approved during her visit to India.

madgu-gc2005 said:
Have you applied under EB-1 category? Even if you had filed EB-1 the name check sometimes takes time. As long as visa stamp is valid she can come back. Better to have all the document (including advance parole, 485 notice, i-140 approval notice copy) while your wife comes back.
Click to expand...
 
kiku1975 said:
Thank you madgu-gc2005

I have applied under EB-2 category. I do know that it would take more time. It could be next year considering the processing times.
I asked this question to make sure that she could enter US on H4 or AP if our I-485 is approved during her visit to India.
Click to expand...

Hi kiku,

I am 100% sure that nothing will happen as for as I-485 is concerned. Because my pd is Sep. 2005 (Eb-2-niw) and i am not expecting anything this year for sure. By the way what is your pd? is it 2003?

I am not certain about the paper works that she needs to do at the port of entry incase your wife's 485 is approved and she gets her green card :) when she comes back. somebody must be having this experience in this forum. YOu will get some response. Good luck
 
.2 cents..

when your GC approved while you are outside of USA you have to use ONLY Advace Parole to enter, you can't enter using H/L
 
Thanks to both of you.
Looks like I'm getting conflicting answers. Hope some else clarify this issue.
My PD is feb 2002.
 
As per my understanding, jkvaisnavi is correct. Once GC approved, person can come inside USA only using AP. (If she dont have GC stamped in her passport)
 
I confirmed with the lawyer that she can return using AP only.
Thank you all for your kind support.

HARRY007 said:
As per my understanding, jkvaisnavi is correct. Once GC approved, person can come inside USA only using AP. (If she dont have GC stamped in her passport)
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