traveling to India during the green card processing

[badaddy2]

Hello,

My wife (who is on H-4 visa valid till january 2008) is travelling to India next month. My company has started my green card processing and there is a good possibility that by the time my wife plans to return back to US the processing might be at the 1-485 step.

My question is, since my wife will still have a valid H-4 visa when she returns do we need to file for advance parole/travel documnet (I-134) for her to enter back to US. Does it also mean that she cannot come back till the I-134 gets approved?

Any help or insight into this will be highly appreciated.

Thanx!
Adnan

 

[ginnu]

Hello,

My wife (who is on H-4 visa valid till january 2008) is travelling to India next month. My company has started my green card processing and there is a good possibility that by the time my wife plans to return back to US the processing might be at the 1-485 step.

My question is, since my wife will still have a valid H-4 visa when she returns do we need to file for advance parole/travel documnet (I-134) for her to enter back to US. Does it also mean that she cannot come back till the I-134 gets approved?

Any help or insight into this will be highly appreciated.

Thanx!
Adnan

------------- AP is filed with form I-131, she needs AP filed and approved in hand while she is in US before departure. She can enter with AP or valid H4.
if your case is EB3 then if I-485 is not approved end of June then it will not be toched till October 2005.