485 approval

M

Mr.Q

New Member
Hi Gurus

I need help on an urgent question. I applied for my 485 in Aug and my ND is Sep. My H1B is expiring next month and have filed for an extension.
Due to family emergency, I have to leave the country and may stay for a couple of months which would be beyond the date of my I-94 and 6 years.

1) Now if I come back after my H1B extension comes through, Can I come back using my new H1B. Do i need to get a new visa.

2)If H1B extension gets denied for some reason, can i come back only after my 485 gets approved.

3) If I wanted to change from AOS to CP assuming I may get married during my stay, Is it feasible to add my wife to my petition without her entering US to file for adjustment of status. That\'s why I am not applying for EAD and AP.

4) Can the primary have AOS while the dependent have CP. Is that feasible at all.

I know I am asking a whole lot, but gurus, please provide your valuable suggestions, inputs so I can get an idea on my options

Thanks in advance
 
Answers

You have too many questions, but I\'ll try and answer. If your H1 has expired, and you don\'t have an extension, then you cannot re-enter the country. Also, if you get the extension, then you will need to most probably get a new visa stamped on your passport.

If you file for CP, then you cannot pursue AOS - your AOS filing will be deemed abandoned. And you cannot re-enter the country as you won\'t be able to get AParole. So, if you\'re going out for a few months, then you might want to wait for your AP - and can return on that. Also, both applicants go either through CP or AOS - you cannot split it up. I\'ve looked into it - not possible. Also, I wouldn\'t recommend switching from AOS to CP at this point. AOS is moving fast, and filing for CP will require you to file I-824, get CP approval, and then file papers in India. Could take a few months. Do you have that much time?

SO, at this point, if you leave the country, do not get your AP or your H1B extension, then you won\'t be able to return.

If your idea of a family emergency is to get married, then have some patience, wait for your AP - which should come in a month or so - then travel home. You\'ve waited this long, you can wait a couple of months more to get laid. You can always add you wife to the AOS in a couple of months because you still have several months to go before your AOS happens.
 
a question

"Due to family emergency, I have to leave the country and may stay for a couple of months which would be beyond the date of my I-94 and 6 years."

Did you already use your 6 years (H1)? ...
 
No Title

HVN

Thanks for the detailed reply. Need further clarifications though. It really is a family emergency and not just a marriage issue. since I will be away for a couple of months, I plan to get married as well.

I have the time for CP, but only question is if I change to CP, would i be able to add my spouse name without her having to enter US. Also if i apply an AP wouldn\'t that make my status as EAD rather than H1B, so my spouse won\'t get an H4 if i use AP. Correct me if i am wrong.

Obekwi
my 6 years will be over next month.
 
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