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Travel Out Of Us On H4 While Aos Is Pending

Discussion in 'Executive Action' started by Greywind, Sep 3, 2015.

  1. Greywind

    Greywind Guru

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    Hi Ron,
    I am EB2, with a priority date of May 2010(Missed the boat in 2012 for AOS). My wife(on H4, did not apply for EAD yet) went to India last month to tend to her parent whose health is in a critical state. I am hoping my PD becomes eligible in the next couple of months for the application cuf-off(if the rumors were to come true). Can she come on H4, apply for AOS, return to India and come back on H4 later this year or early next year? She may need to stay till the end of this year. Your reply is much appreciated!
    Reason for the question:
    I intend to use my EAD/AP right after it arrives to travel overseas and for job mobility. I am a little concerned that if she does not file the EOS with me and the dates move back(for any reason) and I use my AP(and no longer on H1), she would be left with no EAD(because I would not be on H1 and dates may not be current).
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes she can.
     
  3. Greywind

    Greywind Guru

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    Thank you for the reply, Ron.
     

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