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Travelling while pending AP

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Posted by june82 (35) 04 Feb 2018#1
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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Posted by lisaanderson (3906) 13 Mar 2018#2
to june82:

Your spouse can only come back once you receive her EAD/AP. However, if her application went to Texas Service Center, they regularly deny AP if you travel before approval (despite the rule that you can travel on H-4). It was not a good idea to have your spouse travel before getting the AP considering how long your AOS was already pending.
You should speak with an attorney.
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Posted by DallasCnU (3782) 13 Mar 2018#3
to june82:

Her H4 is no longer valid since the primary applicant's status is no longer visa dependent.

Tricky situation and she might not be able to re enter U.S. try doing a counselor processing. These are just my thoughts.

Also consult an attorney before doing anything.
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Posted by rsurana (8) 22 Mar 2018#4
to lisaanderson:

I have checked with one of Attorney and he said its ok to travel without AP as long as she has it at the port of entry while returning. He also said that he has seen cases where AP is getting approved while the candidate is out side of US.

I have applied renewal for my daughter's AP (expiring on 21st May 2018) on 17th March 2018. She needs to travel India to attend a wedding. I am keeping my fingers crossed and hoping that I will get her AP before she travels on 10th May.
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Posted by ajaynyc (35) 24 Mar 2018#5
I am in the same boat and today we got the notice of my wife's AP getting rejected too while she is still out of the country. Can she travel back on H4? I asked one attorney and he said she can travel as there are rules which allow you to travel on H4/L2. Not sure what to do here.
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Posted by rsurana (8) 24 Mar 2018#6
to ajaynyc:

Which date did you apply for your wife's AP and which center?

As far as I know - as long as she has valid H4/ L2 stamped, she should be good to return. You do not need to use AP if you have valid H4/ L2 stamped.
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Posted by ajaynyc (35) 24 Mar 2018#7
We applied on 4th Oct 2017.
She has valid L2 stamped till 2019 and will get EAD (without Parole) as well but I am worried about the situation as my 1-485 has been approved and she is out of the country.
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Posted by ajaynyc (35) 24 Mar 2018#8
to june82:

How did it go with your situation? any input will be helpful.
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