Posted by: Bhasmasur May 31, 2007
I-140 and H1-B
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I am not sure if I understood your question correctly,

1) If she has a valid H4 stamped on her passport, which has not expired, and she has not used the EAD yet for work then she doesnt have to go to consulate.

2) If she was on H4 but has used EAD for work then she needs approved AP to travel. Even if she has not used EAD but has approved AP she is fine to travel.

3) If her H4 on passport has expired and you want her to remain on H4 then you should have applied for her H4 renewal and should have received approved I-797. She will take that to consulate and get her H4 re-stamped on the passport.

Hope this clarifies a bit...
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