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Travel with pending i485 on H1/H4 when AP pending for child and avail for parents

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  • Travel with pending i485 on H1/H4 when AP pending for child and avail for parents

    Status:
    EAD and Advance Parole Approved - Primary Applicant
    Current H1B visa stamp in passport valid till 2 May 2015
    H1B Extension Approved - Primary Applicant (till 16 July 2015) i797 available

    EAD and Advance Parole Approved - Spouse
    Current H4 visa stamp in passport valid till 2 May 2015
    H4 Extension Approved - Spouse (till 16 July 2015) i797 available

    AP still pending for - Minor Child
    Current H4 visa stamp in passport valid till 2 May 2015
    H4 Extension Approved - Minor Child (till 16 July 2015) i797 available

    Plan: Travel to India during 10 May - 20 May (10 days window) without hampering any i485 pending change of status.

    Questions:
    1. Can all the three of us travel to India and apply for H visa stamping in US Embassy in India after 2 May 2015?
    2. If we both parents get stamped our H visas, will our EAD/AP and I-485 be still valid?
    3. When we return to US, at port of entry, can both parents and child use H1 and H4 visa extension stamping as a mode for reentry? Is that valid? Parents will still have AP handy.
    4. Will the parent's I-485 petition, EAD and AP will still be valid if they enter with H1/H4 visa extensions?
    5. The child leaves US without AP and without valid visa beyond 2 May. But once H4 visa stamping is done based on i797 approval, is the child's I-485 petition still valid if she enters US with her H4?

    Please review and let us know. Thanks in advance for your responses.
    Last edited by Klarity; 04-29-2015, 06:10 PM.

  • #2
    Can someone please respond to these questions and help us? Thank you.

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