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Posted on 18 Mar 2009
Q.

Travel on AOS and returning on H4

Hi,
My Wife's H4 visa expired on Jan 05, 2009. H4 extension was not filed.

I485 Filed on Sep 2007.
Advance Parole approved on Feb 10, 2009.

She went to India on Feb 11, 2009 (after the advance parole approval). She got new H4 stamped in India.

My questions:
1) What Should my wife use(H4 or AP) to enter in to USA to keep the I485 application alive(non abandon).
2)If she has to use AP to reenter, is the H4 in her passport still valid? Can she go out of the country next time with out a valid AP?

I have read the USCIS website and they have mentioned that she need advance parole approved before she travel. But I don't see anything about reentering.

User's Location: Minneapolis, Minnesota, United States of America
Category: Employment-based Green Card
Posted on 18 Mar 2009
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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