Can dependent leave US for a month during I-140/I-485 with valid H4 Visa?

[IJJ 18]

Our family has valid H1/4 Visas, and also in the process to get into I-140 then I-485 application. Can my teenage daughter go on a one-month school exchange program overseas? I know theoretically, it should be okay with valid H4, but will being away affect I-140/I-485 application?  

[TNJ17 1,329]

No, it’s not ok. She needs to see AOS through. If she leaves, her AOS will be considered abandoned and she will not be allowed to return. 

[IJJ 18]

3 minutes ago, TNJ17 said:

No, it’s not ok. She needs to see AOS through. If she leaves, her AOS will be considered abandoned and she will not be allowed to return. 

😮 

 

What does AOS stand for?

[TNJ17 1,329]

1 hour ago, IJJ said:

😮 

 

What does AOS stand for?

Oh boy. You need to do a lot and I mean A LOT of research. 

[Sunnyland 639]

"AOS" = Adjustment of Status = Form i-485 

[JFH 12,189]

If her H4 remains valid, she can enter and leave. 

[little immigrant 800]

Did she also apply for I-131 advance parole? 

[SusieQQQ 11,584]

H visas do NOT need advance parole. 

 

There are three exceptions to the requirement for non-immigrant visa holders to apply for advance parole. Those here in H1B, L and K3/4 status - and their dependents - do not require advance parole to travel after applying to adjust their status.

 

https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel

[SusieQQQ 11,584]

10 hours ago, TNJ17 said:

No, it’s not ok. She needs to see AOS through. If she leaves, her AOS will be considered abandoned and she will not be allowed to return. 

Not true.

 

6 hours ago, little immigrant said:

Did she also apply for I-131 advance parole? 

Not necessary.

 

All visas are not equal. Dual intent visas (H, L) do not require advance parole to travel after applying for AOS. 

Edited September 16, 2018 by SusieQQQ

[IJJ 18]

10 hours ago, Sunnyland said:

"AOS" = Adjustment of Status = Form i-485 

Thank you for enlightening! We have been through AOS, just was not familiar with some abbreviations here.

[geowrian 22,335]

5 hours ago, SusieQQQ said:

All visas are not equal. Dual intent visas (H, L) do not require advance parole to travel after applying for AOS. 

Certain dual-intent visas* A K-1/K-2 does, as does O-1.