485 Approval /AP question.

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GCeppudu

Registered Users (C)
485 Approval /AP question.
My wife is in India right now on H-4. She does not have Advance Parole. I am a Dec RD Vermont guy. So, if my 485 gets approved before my wife returns to US, will she face any probelms returning on the H-4. Should she definitely need a AP for entering the USA. Or can we bluff saying we have not recieved the approval of 485 yet....
Is it true that after you get the I-485 approval, you are still on the H-1 status until you get your passport stamped.

Please answer these questions..

TIA...
 
no problem

You wife will not have any problem coming on H4. U are on the same boat as a friend of mine. My friend's wife got her GC approved while she was in India and she came back using a H4 without any problem. So RELAX ...
 
Do not mean to Scare you

I think once your 485 is approved your H1 / H4 is in valid. But I am not sure till your Passport is stampped or upon approvel.

Why dont you talk to your lawer


Raj
 
DesiKaGC, Rajesh...
Thanks for your posts....

My RD is in DEC 2001 and My wife's RD is in July 2002....
So when my GC gets approved (hopefully in dec 2002), my wife will not be getting her GC yet... so, is it ok for her to come back on H-4?
Can apply for her EAD without her being here in USA....I know that to apply for advance parole, she needs to be in U.S....

Corporate attorney is not providing much information at all.....
 
I have a few questions:
Why is the RD different for you and your wife?
Isn't your wife included in your 485 app?

Even if her GC were to be approved, as long as her H-4 is valid I'm pretty sure she should be able to enter the US without any problems. But do check with a competent lawyer. In the past I have consulted with an attorney from Sheela Murthy's office and they seem to be very knowledgeable.

To my knowledge, the H1/H4 is 'Cancelled without prejudice' only during Passport stamping. So relax and take it easy.
 
Last edited by a moderator:
mavishka,
My wife has joined my 485 application at a later date....that is the reason she has a different RD....INS says her approval will be based on her RD...so, If I will get my 485 approval earlier maybe in this december...I may lose my H-1 status...

will she be able to come to USA on H-4 immdeiately as soon as I get my 485 approval?

TIA...
 
Originally posted by GCeppudu
mavishka,
My wife has joined my 485 application at a later date....that is the reason she has a different RD....INS says her approval will be based on her RD...so, If I will get my 485 approval earlier maybe in this december...I may lose my H-1 status...

will she be able to come to USA on H-4 immdeiately as soon as I get my 485 approval?

TIA...
Click to expand...

GCeppudu:

That's a tricky situation. You should consult a good lawyer and find out what your options are. The easy solution seems to be to wait for your passport stamping till your wife returns from India. That will keep your H1 valid and in turn her H4. Or, apply for her AP and as soon as you get it, courier it to her in India which she can then use to enter the US. It all depends on how long she plans to be in India. These were my 2 cents. But would strongly suggest seeking a competent lawyer's opinion to find out what's best in your case.
 
GCeppudu,
Your wife should not face any problems. In one of the Sheela Murthy's chat she said that AC21 provides a one time entry exemption for the persons whose cases are approved when they are outside US. There is no time restriction. Go and read sheela murthy chats.
 
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