Spouse need emergency travel but Advance parole-131 is pending but has valid H4 visa stamping

[Khushi181]

Hi all

I have emergency situation as my wife needs to travel to India but she has valid H4 stamping in her passport but her I131 still not processed since 5 months. She is currently working on i485 adjustment status - EAD and 5 months back we have applied for Advance parole -I131 but it is still in received status.

We have requested for expediate processing but we havent heard since 1 week from USCIS.

Now if she has to travel due to urgency and when she want to come back can she use her H4 approved stamping since her advance parole pending.?

Last year when she tried to use her H4 visa while coming back from India at the US port of entry immigration officer asked her for I-131 document and he was not willing to take H4 visa for admission to US and told her that she is officially on EAD and she can only use her advance parole not H4 visa.

as husband my company still carrying me on my h1b status though I have valid EAD and Advance parole based on i485 adjustment status.

For my wife we are not sure whether she can come back on H4 status and there wont be any trouble at the port of entry since i131 is pending . also once she is admitted can she work on EAD? 

Please advise as travel ticket needs to be booked as she has to travel on emergency as her Mom not doing well.

 

 

[TNJ]

Hi, We have similar situation where my wife also needs to travel while AP is pending. She has valid H4 but her current AP will expire during the period. Do you know if pending AP will have an issue due to her travel?

[newacct]

On 9/20/2024 at 6:26 AM, TNJ said:

Hi, We have similar situation where my wife also needs to travel while AP is pending. She has valid H4 but her current AP will expire during the period. Do you know if pending AP will have an issue due to her travel?

If she is maintaining H4 status now and up until right before she leaves, and returns to the US on H4 visa, she will not have abandoned her I-485. Her pending AP application would probably be abandoned, but she can just file another AP application when she gets back, if she wants to.

But is she maintaining H4 status now? If she entered on AP for this stay, she is on Parolee status, not H4 status. If she has used I-485 EAD on this stay, then she also does not have H4 status.