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june82

Unique situation - travel while pending AP

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This is a very unique situation and I need some urgent advise. 

To start with, I was on H1B and got my EB1A I-140 approved in April 2017 and applied for AOS in April 2017 and received my EAD/AP in June 2017. While my AOS is pending, I got married in September 2017 and my wife came to US on H4 and applied for AOS/EAD/AP as beneficiary derivative of my approved I-140. She had her biometrics in December 2017 and she left US since she was still studying in my home country. 

I January 2018, my AOS is approved and my wife is outside US on H4 with pending AOS/EAD/AP. I don't know is her H4 is still valid since she has AOS pending and if she can re-enter US. Will USCIS issue EAD/AP while she is away?

I understand this is very complicated situation. But any inputs are highly appreciated.

 

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Look up "Follow to join" and the time frame for getting her here would be a few months after all documentation is submitted. Using a lawyer will make filing the paperwork easier and the process even faster.

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On 2/5/2018 at 8:11 PM, pontevecchio said:

Leaving the country after applying for AOS means the AOS is automatically abandoned and so are the EAD/AP.

Isn't AP/EAD denied and AOS will continue in above case, assuming H4 is valid/stamped on passport?.

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