H4 needs to travel

[cid_sikat]

hello i am a h4 dependent and i want to go out to U.S. to fixed my transcripts in my school so i can work here but the problem is i am over 21yrs old but we had apply for I485 and was pending.(oct 10 2007)
i am under CSPA(child status protection act)
question:

1. can i go out to U.S. and can i come back with my visa? based on AP(advance parole) the H visa who are pending in A O S do not need AP to travel but in my case do i need an AP?

2. is my H4 still valid? the expiry date is 11/10/2008?

can any one please answer my questions tnx! a lot for helping!!!!

[PraetorianXI]

The day you turn 21, you are no longer on H-4.

You will need AP to travel.

[cid_sikat]

how about my child status protection act?
as far as i know CSPA said that it would freezes my age to 20 until i get my green card...am i correct? and it was said that my status will be valid as long as my H-1(mother) has a valid visa... can anyone please clear it to me...

tnx for replying... really appreciate it...

[PraetorianXI]

CSPA is a very complex issue, you may want to check with a lawyer... but from my understanding your "age" is locked at 20 for the purposes of the Immigrant Visa petition... but that is it... for all other purposes... you are over 21, including the non-immigrant H4 visa policy that says dependents H4 visas are OVER when the alien turns 21.

[cid_sikat]

thank you so much praetorian XI for answering my question...

i have 1 last thing to ask.

if i apply for AP then get my reciept can i go outside the U.S.? while waiting for the advance parole paper? and one thing i have an ead now and i use it already... when i go outside the U.S. with an AP i can go back right w/out any questions?

are they just gonna mail my AP?

tnX! a lot!!!

[PraetorianXI]

You can not leave the USA until the AP document is approved. They will mail it to you. You will have to wait 60-90 days. But if you leave before it is approved, your AOS is deemed abandoned.

[cid_sikat]

thank you so much praetorianXI!!!!

u are a big help to me tnx a lot!!!!!!