AOS & Travel on H4

[vivekramv]

Dear Murthy Attorneys,

                                    I have a tricky situation. I filed for I485 during July 2007 on EB3. I changed jobs later and was able to port the Priority Dates to EB2 application with my current employer. I140 approved with the original priority dates and Alien No. I was single on 2007. Now I am married and my dates have become current according to Aug 2013 Visa Bulliten. My wife is on H4. 

 

We are planning to file her I485 application along with AP & EAD combo application. There are good chances that my GC will be approved very soon. We have travel plan and that is not flexible. Want to know answers for the following uncertainties.

 

1. Can my wife re-enter US based on her H4 stamping even if my GC is approved?

2. Will she be given temporary parole to enter US based on her pending AOS status.

3. How soon can she travel? Can she travel as soon as she sends in her application to USCIS and it reaches their office?

4. Should she travel only after she gets the receipt notice?

5. If she cannot enter US on her H4, can I send in her AP & EAD combo card to India after I receive it in US?

6. Will the POE officer deny her entry since she left US before her AP was approved?

 

Please advise. I wish her travel plans are flexible. We got a wedding to attend and that cannot be passed for immigration.

 

Thanks.

[Belle]

1. She is not supposed to, but there is really no harm in trying, as long as not much time since approval has passed, and you are not aware of the approval (especially, if you yourself are out of the country).

2. Not unless she has an approved AP.

3. If she has an H4 visa stamp or papers, yes.

4. Not sure it is needed, but might be recommended.

5. Not supposed to, but who's going to stop you?

6. Not if she has an H4 visa.