What if EAD expires while.....

R

rsjoly

Registered Users (C)
It could be a simple question for experts here, please give your opinion:

What if the following things happens simultaneously: Can she enter USA with H4?

- EAD expires while spouse(wife) is out of the country with a valid H4 and he is in USA with valid H1
- And GC is approved.

This is a critical condition for me as my wife want to go to India and my RD is December,2001.

My opinion is: She cannot enter US her valid H4 is not considered since her GC is approved.

Help is appreciated.

Thanks
rsjoly
 
feb140

pssmith case was different, they both were in India when their GC approved. I have read many cases, it wouldnot be any problem if both are out of the country when GC is approved.

My case would be the different because I will be here in US and my wife in India with valid H1&4 while GC is approved.

Thanks for the response.
 
In your case if your case gets approved and your wife is still in India , Don't get your passport Stamped until you wife is back in States .She can enter using H4
 
..

I would say she needs a AP to travel to India. No matter her GC approved or not, she can enter using the AP.
 
GCGChunter

Do you mean to say, she cannot travel on H4 without AP? From other post, I understand we can get AP even if EAD is expired. Ofcourse, we can get AP even if we never got EAD( whether H1 valid or expired).
 
...

I think AP is suggested by INS if you are travelling outsied USA while I485 pending. I saw it somewhere on the web.

If your wife has AP, when she enters US and if GC approved,
she will be treated as not knowing her GC approval and will be paroled in and PP stamped.
 
And...

If your GC is approved. You are no longer on H1, == Your wife will no longer on H4. So your wife cannot enter on invalid H4.

Without AP, she cannot enter, because she adjusts her status in US. she must use AP. However there is exception on H1 holders traveling abroad can return with H1 visa. But I'd never heard H4.
remember H4!=H1.

==
This is only my own opinion.
 
GCGChunter

Yes, I started this thread with the same opinion. Now my question is: My EAD expires in Feb, i dont want to renew it. Are we eligible to get AP?
 
..

EAD has nothing with AP.
You can apply AP no matter the status of your EAD.
EAD says: I can work.
AP says:I am authorized to enter US even if I do not have a visa/status.
 
Should be no problem

Your wife should have no problem. Just because your GC has been approved does not mean that your H1/H4 immediately cease to be valid they probably get cancelled only at stamping. As some one earlier in this thread pointed out both me and my wife were outside the country (and got back in with no problems just earlier this week) when we got our approvals. You can travel without APs as long as your H1/H4 is valid. Just to be on the safe side wait till your wife is back in the country before you get your pp stamped ( there is no limit on the time between approval and pp stamping I hear but there might be some delay after a month fronm approval as they might need to do an IBIS check again which used to take some time). Also if your cases are approved when your wife is outside the country send her a copy of the approval letter in case there is some problem at the POE.
 
psmith is right. Your wife can return on her H4 even if both your 485s are approved. Only when you go for stamping that they'll cancel your H1/H4. Wait till she returns from India and then go for stamping together.

About EAD/AP, in this kinda economy it's always safer to have both EAD and AP on the side for both you and your wife, even though you have a valid H1/H4. It's worth the money/effort when it comes to immigration matters. I've learnt from experience.
 
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