Hi, all
I have urgent question hopefully some of you can give me a clear answer:
I am holding H-4 visa here in US and the concurrent filing of my spouse and me are pending. Now I have an urgent international travel back to my home country. my questions are:
1. Can I travel at this time without AP approval but with a H4 status?
2. Can I apply immediately a new H4 visa once I back to home country and use this to reenter US, even my AP get approved during this period of time? Do I need to show the AP, or the H4 at the border when I reenter US if I have both of them?
3. Is it true that once the 485 approved, my spouse will not in H1 automaticaly even he will not use EAD and change employer? Can I still use the new H4 visa for reentry in the case that both 140 and 485 of us get approved already?
4. My lawyer said I have to be physically in US when 485 get approved. If I am overseas at the approval time, both AP and H4 are invalid so I can not enter US anymore. I get confused that if this is true, what is the point of applying a AP in a concurrent filing case: you travel out US with AP and your 485 get approved when you are overseas with a AP, then you have no way coming back US. Does this sounds strange. And based on what I know that H1/H4 can travel when 485 pending if they keep the H status. What if 485 get approved while they are abroad? How should they come back US?
My case:
AP/EAD/140/485 RD Sep.2, ND Sep,9, FP done.
Really appreciate if any one can shed me a light.
3x