Travelling without AP and H4 extension

[kichuponnu]

Hi everyone,
My wife needs to travel to India and the tickets are booked for 4th of November. She is planning to return on 11th Feb 2008. I will be travelling to India in January and returning with her. This is due to a medical emergency for her mother.

Now, the issue is that her H4 (along with my H1B) has expired on 1st September. We did file for an extension in late July. We received the Receipt Notice but the case is still pending.
The I-485 was filed in August second week. As of now, we haven’t received the Advance Parole or EAD, not even the receipt notices.

The tickets were booked on the belief that since I will go to India for stamping in January, she can accompany me and get H4 stamped and return to US on that basis (hoping that the extension filed will get approved by then).
On Friday 19th, she received the Biometrics notice from USCIS for 15th of November.

• Do you think that the travel abroad is advisable?
• Will she have problems returning back in February?
• What would be the impact on the H4 extension filed for her, due to this trip?
• Will the I-485 process be affected with this travel?
• Is there a way we can get the Advance Parole document before she leaves US?
• Is there any known issues for rescheduling the biometrics appointment?

Please post your valuable suggestions and answers. Also, please share if you had similar experience?

Thanks a lot.

[waitin_toolong]

her H4 extension application will be abandoned but she can still get H4 stamped on the basis of your approved H1. I hope you do get that before you leave otherwise rethink your plans till you get them.

If you get the AP before your departure then you can use that but she will have to have AP in hand before she departs to use it. Do keep I-485 receipts.
No real issues with rescheduling the biometric appointment except the delay in processing, do respond though. It is also possible to go with the letter in advance of the scheduled date on less busy days to get the process over with.


Since the travel is still 2 weeks away it will be difficult to prove medical emergency.

[kichuponnu]

Thanks for the quick response.
I really hope that I would get the H1 approved before January. But in case if she doesn't get the AP before departure, what could be the consequences of travel, especially on the green card processing?
It is very comforting to know that she can go for the Biometrics appointment before date. I guessed it is a rare possibilty from your statement, but still we will try for it.
Assuming that she manages to get her fingerprinting done before departure, what would be the next step ( or call from the USCIS) and when would it possibly be?
Please reply.
Thanks.

[waitin_toolong]

if she does not get Ap befre departure she will have to wait for your H1 approval to get H4 stamped t0 enter. Otherwise no issues.

Unless your PD is current nothing else after biometrics except wait.