AP renewal for dependents while they are out of country

[jauser]

My wife's H4 expires June 2009 and need to travel in Jan 2009. Stay will be for more than 6 months. She has a valid AP expires Dec 2009. If her H4 is not renewed and if she is not entering USA by Dec 2009, can I apply for AP renewal while she is out of country?

The same applies for my kids. can I apply for AP renewal while she is out of country?

Can my wife and kids stay out of country more than a year and return USA? I want to see if they can enter the country by renewing AP when they are out of USA and enter without H4 (as my employer is not filing for them)

FYI, my I-140 is approved and I-485 is pending. She has a valid EAD until Oct 2010.

Please clarify.

[txh1b]

Read more about AP. If she left without AP approved, she has to return on H4 to not void the AOS. AP has to be applied and approved before one leaves the US.

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

[jauser]

AP renewal while out of country

Hi- Thanks for the reply. She will travel with a valid AP in her hand. But the concern is, as she will not have H4 and assuming her AP expires while she is out of country, I want to make sure I can apply for her AP renewal from USA while she is out of country. Is this possible?

[txh1b]

No, it is not possible. AP is intended for short visits of an AOS applicant. If you extend your H1 in US, she can go for H4 visa based on the H1b extension.

[jauser]

H4 and AOS

This is clear. But have another question - If an individual who's 485 is pending travels out of country and returns after a long period (say more than 1 year) using H4 visa, will it have any impact to 485 (AOS)?

Thanks again for the wondersful response.

[txh1b]

Read the H vs AP link I posted on the other thread. It will not impact 485 as long as you maintain H status and she returns on H status.

But staying away from US for long periods is not recommended for a 485 applicant.