AP Renewal pending- can we travel to india?

[Krishmani]

Hi,
I have applied AP for my wife 10 days ago and my wife planning to travel in March 12/13 to India. We just received our AP Receipt and Received her EAD card but waiting for AP approval.
We are planning to fix on the same dates to travel to india before we receive her AP and I am planning to send her AP by mail/courier to India once we receive it.
Will She have any problem while entering back into U.S?
Please reply.

thanks,

Kr

[sur_pa]

AP travel

If only one of you are traveling, it should be OK. AP should arrive 3-5months. So when your wife is at home (at home country, what ever it is), send her the AP by courier etc. she will be able to re-enter US

But if you are intending to come back within that period, then it is not possoble unless she has a valid visa stamp in her passport

[txh1b]

If only one of you are traveling, it should be OK. AP should arrive 3-5months. So when your wife is at home (at home country, what ever it is), send her the AP by courier etc. she will be able to re-enter US

But if you are intending to come back within that period, then it is not possoble unless she has a valid visa stamp in her passport

That is incorrect. If the person travels prior to the approval of the AP outside the US, the 485 is considered abandoned.

[sur_pa]

That is incorrect. If the person travels prior to the approval of the AP outside the US, the 485 is considered abandoned.

Your I-485 will not be abandoned if you have a valid visa and you can always re-enter. But if you have exceeded your visa terms and do not have a stamp, it is then that the I-485 is considered abandoned. In such cases, you can request for a CP (it is a hastle and takes time).
summary is, you need a valid visa to re-enter US and if you do not have a valid visa, and if your AOS is pending you then need a Parole. Personally, I have traveled out while my AOS was pending. But I had sufficient time left on my visa and no one stopped me from re-entering US. My I-485 was not abandoned and I now hold the PRA card.

[txh1b]

Why would one waste money on AP if they already are on a visa. It is pretty clear that 485 is not abandoned when traveling on a visa. No argument on it. My point was when the person is using EAD, AP approval is a must prior to leaving the country.