Traveling on H4 while 485 pending ... no valid AP

randy_gc

Registered Users (C)
My wife's H4 is expiring in July'09, ofcourse my H1 too.

Filed 485 in 2007 and she doesn't have a valid AP now. Can she travel in April/May and return before H4 expiry?

Thanks in advance
 
Yes, she has H4 stamp in her Passport until Jul'09.

further couple weeks ago employer applied for H1/H4 renewal
 
Yes, she has H4 stamp in her Passport until Jul'09.

further couple weeks ago employer applied for H1/H4 renewal

It is not advisiable to travel when extension is pending. I-94 number will change in between the extension. One way is to put the Old I-94 number while entering US.
 
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Thank you number30.

Is it possible to ask and get the i94 with old number while entering back into USA? What to tell the immgration officer? If he tells to travel outside later and get a new stamp, what should we do?
 
Thank you number30.

Is it possible to ask and get the i94 with old number while entering back into USA?
-------NO
What to tell the immgration officer? If he tells to travel outside later and get a new stamp, what should we do?
-------------
 
It is not advisiable to travel when extension is pending.
I-94 number will change in between the extension.
------what is the problem if I-94 number gets changed??? one only needs valid I-94 to stay in US and the number does not matter.


One way is to put the Old I-94 number while entering US.
-----------------How you can do it? Form I-94 will have I-94 number printed on it and when person enter US the POE officer just keeps one part of I-94 form and other part is stamped and validity date is written on it.

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Yes, she has H4 stamp in her Passport until Jul'09.

further couple weeks ago employer applied for H1/H4 renewal

once she comes Back to US with valid Visa stamp she will get White I-94 at POE valid till H4 visa stamp and that will be her I-94.
If she reach US and later her H4 extension gets approved with I-94 attached with her H4 Ext approval notice then that I-94 will be her Latest I-94.
** keep copy of all I-94 (front and back) for furure records.
*** it does not matter if now she has I-94 number 12345678 and when she gets new White I-94 at POE in July as 6789476000 and when she gets Her H4 extension it will be 12345678. one only needs valid I-94 to stay in US and number 12345678 or 6789476000 dont matter.
 
in the worst case scenario, H4 extension gets approved while she is away, and she gets a new i94 valid until Jul '09 per the old visa in her passport, can she continue to stay legally in US beyond Jul '09 based on pending i485?

Next time when ever she travels, she will go for H4 stamping or carry a valid AP with her.
 
Thank you number30.

Is it possible to ask and get the i94 with old number while entering back into USA? What to tell the immgration officer? If he tells to travel outside later and get a new stamp, what should we do?

Do you see the space for the number below the I-94 number? That is the place provided for the Old I-94 number. There were couple of guys here in the forum who had this kind of the issue. I do not remember what happened exactly but this was suggestion made to them.

I-94 number does matter because once some departs his I-94 is marked as departed. If you have the valid stamping they will issue the I-94 until the validity period of stamping (I am talking about only H4 here). So you may have to redo extension.

They maintain same I-94 number between one entry and exit. I-95 number changes for some reason. I do not know how it will be valid once you surrender back. If that was the case I can use the I-94 number from previous trip if it is not expired.
It is quite surprising to read some of these opinions.
 
Travelling to India on AP when H4 is expired

Hi ,

I am on AP and EAD with I485 pending.

I would like to travel to India for 2 weeks and return using my valid AP.

Is this a problem to reenter on AP when h4 has expired or should i go to indian visa offices to get my h4 stamping again.


Please respond ASAP.

Thanks in advance
 
If you want to resume H4 status when you reenter the US, you will need a valid H4 stamp in your passport. Otherwise, you can reenter with the AP and continue to wait for your I-485 to be processed.
 
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