Traveling while 485 and AP are pending

A

arunkr

Registered Users (C)
Filed I140, EAD, AP and I485 in EB3 cat. with VSC. RD: 12/30/04, ND:01/18/05. I140 AD: 02/10/05. FP done in 04/13/05. I485, EAD and AP approvals are pending.

I have H1 (7+ years extension) and H4 for my wife and son are valid till 04/07. They have got visa stamping also which are valid till 04/29/07.

My question is if my wife or son go to India while I485 and AP are pending using their H4 visa, will it create any problem on their I485/AP? Or they should get AP approved first then travel.

Also what is best -- should they use AP or H4 visa?

Thanks
 
They might have trouble if their 485 gets approved before they come back to US. (since they don't have AP)

If the 485 is still pending, they can travel using H4 - no issues.

Since you say you are EB3, what's your PD ? If its retrogressed, then there is no chance of approval (depending on how far away it is from the "current" PD that is).
 
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