140+485 approved, some ques

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gc11111

Registered Users (C)
My 140 and 485 was approved on 11/1, although I didnt get an approval for my wife. While submitting medicals for 485 , my wife could not take vaccinations as she was preganent. Could this be the reason for delay in approval?

- I read that sometimes its hard to get infopass appointment soon.Can I take an infopass appointment right now ( for boston ) assuming that my papers in mail would come in about a week.

- About working in 6 months in my existing company. Is this a requirement by USCIS ?

- If my wife needs to travel and her 485 is pending, can she still use her H4. I got AP last year but it will expire in december. She did not use EAD so far.

- Does the 485 approval papers in mail come to me directly or to the lawyer?
 
Last edited by a moderator:
gc11111 said:
My 140 and 485 was approved on 11/1, although I didnt get an approval for my wife. While submitting medicals for 485 , my wife could not take vaccinations as she was preganent. Could this be the reason for delay in approval?

- I read that sometimes its hard to get infopass appointment soon.Can I take an infopass appointment right now ( for boston ) assuming that my papers in mail would come in about a week.

- About working in 6 months in my existing company. Is this a requirement by USCIS ?

- If my wife needs to travel and her 485 is pending, can she still use her H4. I got AP last year but it will expire in december. She did not use EAD so far.
Click to expand...

Your wife may very well get a medical RFE where she'll have to show she's now had the vaccinations (if applicable).

Not sure about the infopass thing.

The 6-12 month thing is a "guideline". Leave your employer (voluntarily) before that and you risk being accused of fraud, possibly at the citizenship stage. I don't know how often this happens though...

Your wife should be able to travel on her H4 or AP (if she has it). The potential gotcha is if her I-485 is approved just before she leaves the US for her trip. Most people highly recommend getting the I-551 stamp before travelling (some have suggested cancelling the trip if necessary) as returning on the H / AP under those circumstances can be problematic. If your wife uses her EAD, her H is immediately invalid (so she would need AP in that case).

ETA
 
I would like to add that once you are approved your wife cannot use the H4 to enter. Her H4 is valid as long as your H1 is valid. Once you become a PR, her H4 is lost. Only solution for her is to use AP to enter.
 
sertra2002 said:
I would like to add that once you are approved your wife cannot use the H4 to enter. Her H4 is valid as long as your H1 is valid. Once you become a PR, her H4 is lost. Only solution for her is to use AP to enter.
Click to expand...

Can someone confirm this? I guess this might make sense given that the H4 is a derivative of the H1, but what if your spouse is travelling when this happens? What if you are approved and don't know it (and travel)?

If true, this is something that a lot of people (myself included) might not have thought about...

ETA
 
Hi gc11111

In Our case we had a similar situation,
During our 485 medicals my wife was unable to get a vaccination as she had just delivered our son. ( we attached a letter from the Doctor stating that she could not take here vaccination ).

We didnt have any issues with her 485 approval.

I guess you (your wife) wont have any issues either, wait for a few days and hopefully she will get her approval too.

In our case ..approval notices were sent to both the Lawyer and myself.

HTH..
 
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