Originally posted by idocguru
Thanks usnycus.
Pl. see my comments below under I>>>
Q>As her AP will be expired by then, Does her I-485 be cancelled autmatically?
U>>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
I>>>OK, point noted. She never used AP before though she have EAD and AP which expires by July'04. When she traveled to India her H4 visa in the passport was valid but now its expired and My 7th yr ext. is not yet approved. I am hoping I can bring back her on H4(by then my H1 ext will be approved)
Q>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?
U>>Ask your attorney to reschedule the FP by sending FP notice along with a letter.
I>>>will ask, but I think I have until July deadline. do I need to wait till July and ask for extension or now itself?
Q>Can she enter US (whether I-485 expires or not) with Valid H4?
U>>Yes
I>>>This is Great, even if her I485 is cancelled at least she can join me (and once she's here I can apply for I485 again?).
Q>If her I485 is expired, can she apply I-485 again?(after coming with H4.
U>>Check with attorney.
I>>> Will ask my attorney, I am hoping, as she would be with me I should be able to appy 485 again.
Q>If had to change the job with AC21 portability after I140 approval by Oct'04, can I/she apply her I-485?
U>>Is it connected to previous question?.
I>>> yea same question but if I change the employer, my I485 will be trasferred and I will be on EAD not H1, but what happens to my wife who's on H4 with me.
As long as her I-485 is pending, her case will also be transferred automatically. I will suggest you not to think of invalidating her I-485 and/or thinking of refilling I-485 back. Try to bring her back before AP expires or tell her to go nearest US consulate and try to get H4 stamped after your H1 Extension.
Thanks.