Travel from US to Canada on expired H4

[handy_manny]

I have a company sponsored H1 with I-140 (labor cert received) approved and I-485 pending (my wife as well). My spouses H4 expired because we were supposed to have the GC by now and also (truthfully) we overlooked the H4 renewal (my company renewed my H1 but forgot to include spouse's H4). She had an I-765 (employment authorization) for a year, but didn't find work so let it also expire.

So, as a Canadian citizen, she would like to travel back to Canada for a week or so and return to the US, hopefully without any issues.

Does anyone know if a Canadian citizen/spouse lacking an H4 can go to Canada and get back into US without H4, only on the basis that they are in the I-485 stage?

I'm sure I cold give more info - if it helps you answer my question, please let me know. Thanks in advance!

Manny

[Subramanya]

I have a company sponsored H1 with I-140 (labor cert received) approved and I-485 pending (my wife as well). My spouses H4 expired because we were supposed to have the GC by now and also (truthfully) we overlooked the H4 renewal (my company renewed my H1 but forgot to include spouse's H4). She had an I-765 (employment authorization) for a year, but didn't find work so let it also expire.

So, as a Canadian citizen, she would like to travel back to Canada for a week or so and return to the US, hopefully without any issues.

Does anyone know if a Canadian citizen/spouse lacking an H4 can go to Canada and get back into US without H4, only on the basis that they are in the I-485 stage?

I'm sure I cold give more info - if it helps you answer my question, please let me know. Thanks in advance!

---- If your wife is a Canadian citizen she can travel to US and stay in US for 90 days

---- If her EAD has expired, apply for renewal and get it

---- She can have a H4 or not (that is upto you). But ensure that I-485 is in effect and if you want her H4 you can also renew it provided it is within the legal period of 180 days (i.e. the H4 should not have expired for more than 180 days)

---- In the meantime you can also apply for Advance Parole to be on the safe side as your I-485 is pending

Subramanya