urgent question with overseas travel while concurrent filing(AP,EAD,140&485) pending

[lucky_gc]

all gurus,

I have urgent question hopefully some of you can give me a clear answer:

I am holding H-4 visa here in US and the concurrent filing of my spouse and me are pending. Now I have an urgent international travel back to my home country. my questions are:

1. Can I travel at this time without AP approval but with a H4 status?

2. Can I apply immediately a new H4 visa once I back to home country and use this to reenter US, even my AP get approved during this period of time? Do I need to show the AP, or the H4 at the border when I reenter US if I have both of them?

3. Is it true that once the 485 approved, my spouse will not in H1 automaticaly even he will not use EAD and change employer? Can I still use the new H4 visa for reentry in the case that both 140 and 485 of us get approved already?

4. My lawyer said I have to be physically in US when 485 get approved. If I am overseas at the approval time, both AP and H4 are invalid so I can not enter US anymore. I get confused that if this is true, what is the point of applying a AP in a concurrent filing case: you travel out US with AP and your 485 get approved when you are overseas with a AP, then you have no way coming back US. Does this sounds strange. And based on what I know that H1/H4 can travel when 485 pending if they keep the H status. What if 485 get approved while they are abroad? How should they come back US?

My case:

AP/EAD/140/485 RD Sep.2, ND Sep,9, FP done.

Really appreciate if any one can shed me a light.

G

 

[fast_gc_seeker]

all gurus,

I have urgent question hopefully some of you can give me a clear answer:

I am holding H-4 visa here in US and the concurrent filing of my spouse and me are pending. Now I have an urgent international travel back to my home country. my questions are:

1. Can I travel at this time without AP approval but with a H4 status?
>>> yes u can travel with stamped H4. Keep ORIGINAL 485 receipts.

2. Can I apply immediately a new H4 visa once I back to home country and use this to reenter US, even my AP get approved during this period of time? Do I need to show the AP, or the H4 at the border when I reenter US if I have both of them?
>>> why do u need new H4? BTW how do you plan to get new H4?
@ POE u can show either ur H4 or AP, not both.

3. Is it true that once the 485 approved, my spouse will not in H1 automaticaly even he will not use EAD and change employer? Can I still use the new H4 visa for reentry in the case that both 140 and 485 of us get approved already?
>> yes once 485 is approved ur spouce will not be on H1.
dont get confused between ur 485 and ur spouce's. if ur spoce's 485 is approved why does he need EAD? are outside US and ur 485 is approved you can still enter on valid AP[ur H4 will be invalid after your 485 approval]

4. My lawyer said I have to be physically in US when 485 get approved. If I am overseas at the approval time, both AP and H4 are invalid so I can not enter US anymore. I get confused that if this is true, what is the point of applying a AP in a concurrent filing case: you travel out US with AP and your 485 get approved when you are overseas with a AP, then you have no way coming back US. Does this sounds strange. And based on what I know that H1/H4 can travel when 485 pending if they keep the H status. What if 485 get approved while they are abroad? How should they come back US?

>>> u dont need to be in US on the day 485 is approved. AP will
not be invalid if 485 is approved and ur outside US.