AP --Mohan Pls help

My wife is on an F1 and she is graduating in Dec.
She also in the process of AOS as my dependant. My H1 is valid thru Sep 2003. The question is, we are planning to go out of the country for few weeks for her sister's marriage.
Will my wife need an AP to re-enter?
Can she enter on her F1 visa?

Her AP application was recd at INS Nebraska on Nov 15, but she has tickets to leave on Jan 3rd. Can she leave before it is apprved and have some one mail it to her in India?

How long it takes to approve AP at Nebraska.

My wife is on an F1 and she is graduating in Dec.
She also in the process of AOS as my dependant. My H1 is valid thru Sep 2003. The question is, we are planning to go out of the country for few weeks for her sister's marriage.
Will my wife need an AP to re-enter?
Can she enter on her F1 visa?

Her AP application was recd at INS Nebraska on Nov 15, but she has tickets to leave on Jan 3rd. Can she leave before it is apprved and have some one mail it to her in India?

How long it takes to approve AP at Nebraska.

Nabraska service center is processing AP receipt dated 10/3/02.
When the Student is graduated the Law allowed 180 days to change the status, not travel, AS she will be on H4 you both need AP, yes some one can send it but its arisk involved ..Not aproved/Missing in the mail/etc.

Do i need an AP? My lawyer told that as long as I keep my H1 status, I do not need AP to re-enter.

I haven't applied for an AP.

Please clarify...

Thanks,

NOOOOOOO. You Do need AP..You are on EAD now. you have to apply for AP too.

Mohan, I am sorry to bug you again, just want to clear this up.

Why are saying that I am on EAD. My H1 is stiil valid and I am working for the same company who filed my h1 as well as GC. My company probably do not even know that I have an EAD. I have applied for an EAD my own(was afraid of layoffs) becos the company didn't want to pay for it. They were saying that the H1 was valid until 2003 SEP and I wouldn't need a EAD.

Follwoing excerpt is from INS website and they clearly says that any one with valid H1 status will not need AP.

Your help is greatly appreciated...

Thanks again..



"Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1 (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US. "

I just checked the site it did say that Hib maintainer don't need to get AP and their dependent also don't need AP.
I had One case previously. once you apply for EAD you are on Workpermit and on work permit one need to get the AP ( I guess you don't need to get AP).
I think that person got the AP just be in safe side because of Zero tollerance and other security agenda...

Explaination:
What is a Travel Document and Who Needs One?
If you are not a U.S. citizen, you may need permission to return to the United States after traveling abroad. This permission is granted through a travel document. Travel documents are also given to people who want to travel, but cannot get a passport from their country of nationality. You should apply for one of the following travel documents before you leave the United States:

Advance Parole: If you have applied for immigration benefits, you may need Advance Parole to be able to return to the United States if you travel abroad. It may be sought by, but not limited to, asylum applicants, parolees, people with Temporary Protected Status (TPS), and people who are applying to Adjust to Permanent Resident Status. Advance Parole may be given at the discretion of the District Director or the Service Center Director having jurisdiction over your place of residence. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the INS and you may not be permitted to return to the United States. (Please note: This requirement does not apply to people who have applied to adjust to permanent resident status and are maintaining H-1 status (temporary workers in specialty occupations) or L-1 status (intra-company transferees), or their dependents in H-4 or L-2 status.)

Advance parole may also be sought by people who need to travel to the United States temporarily for a humanitarian emergency. Advance authorization for parole cannot be used to circumvent normal visa issuing procedures or processing delays. Someone in the United States may file such Humanitarian Parole application for you, or you may file for yourself.

I think The above post says that you still need the AP but your application will not be treated as Abondened. Am,I right?
As I said I had some cases before( a years ago) which My friend was in AOS and they took AP.. Talk to lawyer.. man.