My relative had applied for green card. She was on H1-B visa and then married to a US citizen. she got uscis approval, I-485 biometrics takena dn just waiting for green card..she wants to go to india in 3 weeks and she is expecting green card only in 1-2 mnths...can she take an extension or something to go to india...any help would be really appreciated...
What kind of approval did she get? I-130 approval, or I-485 approval?
Did she apply for Advance Parole?
Does she have a valid H1B stamp in her passport? If not, did she overstay the H1B before filing the I-485?
she got i-130 and i-485 approval...now finished biometrics..just waiting to get he green card..she does have a h1-b...
IF she got an I-551 stamp in her passport at the end of an interview, she is set. If not, she should schedule an InfoPass appt and get one.
For marriage-based cases, the I-485 approval cannot happen without an interview. So her I-485 was not approved. What she got was an I-485 receipt notice, not I-485 approval. And without I-485 approval, she cannot get the I-551 stamp.
If she has a valid H1B visa in her passport and is still working for the same employer in the same job, she can leave the US and return with the H1B visa. Otherwise she'll need Advance Parole (AP) to reenter the US, which she should have applied for with the I-485. Did she apply for the AP?
That means she can't use the H1B to reenter the US.oh okay..so I-485 was not approved..you are right..interview needs to be done...right now she is not working at all..
she is staying in us since she filed for the i-485...i think she can stay in us while application is pending right?... now if she wants to go for a vacation, can she take an advance parole and will it be an issue while reentering back?..how soon can she get the AP...and what is the fastest procedure for getting it...Thanks in advance for your help...
That means she can't use the H1B to reenter the US.
Did she stop working before she filed the I-485? If yes, how much of a gap was there between the day she stopped working for the H1B employer and the day she filed the I-485? That will greatly influence her ability to use the AP to reenter the US.
Did you find out if she applied for AP?
I'm sorry if this sounds rather harsh but your "relative" does not appear to be handling the immigration process very well OR in the alternative is failing to provide accurate information to you for your posts.
If there was confusion about whether something was an approval notice rather than merely a receipt notice, I would not trust anything she said from here on out and instead actually look at the paperwork in her possession. An adjustment package normally includes applications for the interim benefits of an EAD (I-765) and AP (I-131) because they are all included in one fee for the I-485 (adjustment application).
Don't take her word for anything in this matter from here on out. Save us all the headache, including you.