AP Question--Plz help--Urgent

[ramz77]

Both mine and my wife's I485 is currently pending at TSC (cutoff date - sep'06). I am maintaining my H1B status, expiring on Dec'09.
My wife also has a valid stamped H4 visa in her passport with expiry date of Dec'09. She entered the US last November (2007) with a valid H4 visa.
But she used her EAD to work for 3 weeks during Feb '08(but quit the job soon and never worked since then). Her AP expires on Sep'08.
She needs to travel to India next month on emergency reasons and wouldnt be back atleast for 3 months.
Can she return to US showing her H4 visa or does she need an AP?
I heard if i apply for AP now it might take 3 months and if she leaves before the issuance of AP, they will abandon the process.
Senior Members.....please advise what i should do....

[txh1b]

https://www.immihelp.com/i-485-adjustment-of-status/advance-parole.html

[ramz77]

Please look at the last question:

https://www.immihelp.com/maintaining-h-l-status-vs-using-ead-ap-after-filing-adjustment-of-status/

It is indicated that she has the option to revert back on H4 visa if she chooses to enter the country on H4 visa.....can you please tell what is the procedure...and what documents she needs to enter on H4 visa?

[txh1b]

No special procedure. Just get the H4 visa stamp if it expired and enter on H4 carrying the usual documents used for H4 entry into US. Based on the entry I-94, status remains H4 as long as H1b holder maintains H1b status and H4 I-94 remains valid.

[ramz77]

My wife has a H4 visa stamp in her passport that is valid till dec 2009. I am the H1B visa holder maintaining my H1B status valid till dec 2009.
What is the procedure to revert back to H4 now given that she used her EAD for 3 weeks? Please reply...

No special procedure. Just get the H4 visa stamp if it expired and enter on H4 carrying the usual documents used for H4 entry into US. Based on the entry I-94, status remains H4 as long as H1b holder maintains H1b status and H4 I-94 remains valid.

[txh1b]

Has been explained. Enter with a H4 visa at POE. Can't explain any better than this.

Why is it urgent?

[ramz77]

My wife's grandma is in the hospital. So, I was wondering if i could send her to India without getting an AP. Thank you txh1b for your quick response

Has been explained. Enter with a H4 visa at POE. Can't explain any better than this.

Why is it urgent?

[txh1b]

You can if she wants to get the H4 visa and return. Consult an attorney for double clarification.

[ramz77]

could you please suggest me an attorney to consult...i asked my attorney and she had no idea...she suggested i should have an AP for backup which would take 3 months and i dont have that much time...but dint tell anything for sure....Thanks again txh1b

You can if she wants to get the H4 visa and return. Consult an attorney for double clarification.

[txh1b]

What kind of attorney is she? Talk to any of the immigration law firms. This is basic stuff and most of them should know.