AP needed for approved and stamped H4 EAD?

[Narsimha Rao Polisetty]

Hi everyone,

My wife is on H1B, initially applied GC under EB2 category (Priority Date Feb 2018). She had an approved i140 based on which I got H4 (stamped) and EAD till September 2024.

Last week her EB1A application got approved and now we are applying for i485, i765, i131 (AP - Advance Parole)

My question: My wife has no plans to travel during AOS (adjustment of status - i485). However my job requires me to travel to and fro from US (short trips - week to two weeks). Do I need AP to travel back to US and have my I-485 active - even after having valid H4 stamp on my passport till 2024?

[newacct]

If you have H4 status right before you leave, and re-enter the US with an H4 visa, your I-485 will not be abandoned, even if you do not have or use Advance Parole. However, having an Advance Parole doesn't hurt even if you don't plan to use it -- you don't have to use it if you get it, but you will have the option of using it if you unexpectedly lose H4 status for whatever reason.