Originally posted by idocguru
Hi
Yesterday 03/22/2004 I have received Finger prints for me and my wife.
EB2
MD/RD/ND (140&485) 05/28/03 06/04/03 06/11/03
Can any one pl. update the tracker.
Also I have some questions and wondering if someone can comment on..
My wife recently went to India and her EAD/AP are valid until July, and her Finger prints now be taken LATEST by July.
However she won't be coming until Oct'2004. I have applied for 7th yr Ext, and would get approval by May'2004. Her H4 visa in the pass is already expired.
What are the consequences?(her not coming back in time)
As her AP will be expired by then, Does her I-485 be cancelled autmatically?
You need to have AP to travel outside US during AOS. Only people having valid H-1/4 or L1 status are exempted from this requirement. As you said she is not on H4 currently and her AP is also expiring, I would suggest her to come back or get H4 stamp on passport before AP expires. She is putting her I-485 in danger if she decides to stay outside US without AP or valid H4
As her Fingerprints last date be over by then Her I-485 be cancelled ?(it says, if FP not done in time, the application will be abandoned) what application are they referring to?
Ask your attorney to reschedule the FP by sending FP notice along with a letter.
Can she enter US (whether I-485 expires or not) with Valid H4?
Yes
If her I485 is expired, can she apply I-485 again?(after coming with H4.
Check with attorney.
If had to change the job with AC21 portability after I140 approval by Oct'04, can I/she apply her I-485?
Is it connected to previous question?.
Thanks in advance.