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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 01-23-2008, 04:24 AM
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nirdlalegcade is infamous around these parts nirdlalegcade is infamous around these parts
Default how long can you travel out of US with a H4 visa?

how long can you travel out of US with just your h4 visa?
urgent.
thanks!
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  #2 (permalink)  
Old 01-23-2008, 11:58 AM
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Quote:
Originally Posted by nirdlalegcade View Post
how long can you travel out of US with just your h4 visa?
urgent.
thanks!
To be logical you can travel outside US forever on your H4 visa. In the meantime if your H4 expires you can always get it renewed if your spouse is still on H1 and get a new H4 and come back in .

There are no restrictions or time limits for either H1 or H4 for travelling outside US.
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Old 01-24-2008, 12:38 AM
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nirdlalegcade is infamous around these parts nirdlalegcade is infamous around these parts
Default another question.

hi thank you for the reply. I have another question to ask:
how long can i travel out of the US with just the h4 visa? because my green card is still pending and the reason why I want to travel back my country of origin is because i want to study there. do you think it will affect anything? i'm curious. this is urgent. thank you.
I asked "yahoo answers" and he told me this:
Since you have a green card pending, you would normally need to apply for advance parole to leave the US and return. However, since your spouse, the H1b visa holder, is the person who is actually qualifying, you would still be eligible to benefit once they get their permanent resident status, even if you had never been in the US. So, you could leave and still get your green card, but you wouldn't be able to travel back and forth on the H-4 without advance parole.
Is it necessary to get advance parole? Cause I researched something and it says there that I can leave the US w/o the advance parole.. I'm confused. I hope you can help me bout this matter. Thank You so much. =)
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  #4 (permalink)  
Old 01-24-2008, 12:55 AM
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amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future
Default

I am assuming that your Green card application is pending based on your being the spouse of a primary applicant. Now, note the following:

If you have H-4 visa stamped on your passport, then you can re-enter the US as long as
1) your spouse maintains H-1B status, and
2) your H-4 visa doesn't expire.
Green card application has got nothing to do with it.


If you do not have H-4 visa stamped on your passport, then you can go to the US consulate in your home country and apply for H-4 visa. You can then re-enter the US as many times as you want as long as conditions (1) and (2) both hold.

If you do not want to apply for H-4 visa, then you need to have the Advance Parole approved before you leave the country. You can then re-enter the country as long as
1) Your spouse's application to adjust status is pending
2) Your AP is valid.

I am not sure about how you deal with the situation when you leave the country with an approved advance parole, but fail to re-enter before the expiration of your advance parole.

As far as I know there is no limit on how long you can be outside the country - why should the USCIS care? You just need to make sure that you have the appropriate document to re-enter the country (a valid visa or a valid advance parole document).

Quote:
Originally Posted by nirdlalegcade View Post
hi thank you for the reply. I have another question to ask:
how long can i travel out of the US with just the h4 visa? because my green card is still pending and the reason why I want to travel back my country of origin is because i want to study there. do you think it will affect anything? i'm curious. this is urgent. thank you.
I asked "yahoo answers" and he told me this:
Since you have a green card pending, you would normally need to apply for advance parole to leave the US and return. However, since your spouse, the H1b visa holder, is the person who is actually qualifying, you would still be eligible to benefit once they get their permanent resident status, even if you had never been in the US. So, you could leave and still get your green card, but you wouldn't be able to travel back and forth on the H-4 without advance parole.
Is it necessary to get advance parole? Cause I researched something and it says there that I can leave the US w/o the advance parole.. I'm confused. I hope you can help me bout this matter. Thank You so much. =)
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Last edited by amsgc; 01-24-2008 at 12:58 AM.
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  #5 (permalink)  
Old 01-24-2008, 01:06 AM
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nirdlalegcade is infamous around these parts nirdlalegcade is infamous around these parts
Default oh my gosh. thank you so much!

Hi amsgc! thanks for the information!
Just for clarification,

I can leave the US anytime as long as my h4 visa is valid? even WITHOUT the Advance Parole? right?

Thank You so much.
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