When to get an AP?

[ARPRINCE]

I'm planning to apply for an AP just incase. Me and my family's I-485 has been applied and received by VSC last 10/2001. My H1B (H4/wife/kid) will expire 7/28/2003.

Secretary of the lawyer who's processing our GC said we don't need an AP because we have a valid visa until 2003. Is she correct?

Thanks

[suomilainen]

She's correct, but best policy is to apply for it with the initial I-485 package anyways. It's not much extra work, and as we've all seen in the past few months, anything can happen.

You can travel with H-1 or H-4 visas while you are pending. If the worst thing happens, and for some reason you can't use your H visas, many INS offices will allow you to apply for an "emergency" Advance Parole, but only if you have a valid reason.