travelling on H4 while AP is pending?

[mogara]

Hi:

I am waiting for my first AP (ND 10/03/02). My visa stamp has expired. I want to travel to India. To re-enter I will have to get H4 stamped if I don't get my AP before I leave. My questions are:

1. Am I in violation of AOS if I travel while AP is pending.
2. Can I use the AP if it is approved after I leave and if somebody mails it to me in India?

Thanks

 

[jaxen]

1. No You are not in violation. H visa holders dont need AP or dont need to use AP. U can go for H4 visa stamping.
2. Yes.