My current status H-1, and my wife is H-4. 140 approved and 485 for both my wife and myself are to be filed. Now my wife needs to travel outside of US for less than 6 months so I plan to file I-131 for her (she will leave after filing 485).
I read the instructions of form I-131 (Application for Travel Document) but the terms seem confused me:
On page 1 of the instruction one term reads:
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NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in number 1 and 2 are met:
1. You are in one of the following nonimmigrant categories:
a. An H-1, temporary worker, or H-4, spouse or child of an H-1; or ...
2. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with the USCIS.
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My wife meets both conditions. According to this instruction, it seems that my wife can go ahead to travel without getting Advance Parole even if her I-485 is still pending. Is it safe? I heard that if someone departs from US without advance parole approved while I-485 is pending, the application will be deemed abandoned.
Now I am really confused about that:
1、Does my wife need to apply for advance parole and stay in US until the application is approved, or she can go ahead to travel without advance parole and apply H-4 visa at US overseas consulate when she come back?
2、And if she depart from US without advance parole, will her I-485 still be active?
Thanks in advance!