485 Approved, daughter in India on valid H4

[sgargs1]

Hi
My I 485 approved on 3rd August. But my daughter is in India on a valid H4. she will stay for 1 more Month. When she left for India, I-485 was just filed.It was expected to be approved in 10 months.But suddenly it got approved, and she is still in india, she will come next month.Is there any problem for her to enter?Do i have to send her approval to India? can some one pl clarify on this.
Thanks

 

[tammy2]

Hi
My I 485 approved on 3rd August. But my daughter is in India on a valid H4. she will stay for 1 more Month. When she left for India, I-485 was just filed.It was expected to be approved in 10 months.But suddenly it got approved, and she is still in india, she will come next month.Is there any problem for her to enter?Do i have to send her approval to India? can some one pl clarify on this.
Thanks

If she is not turning 21 there should not be any problem. Do not show the I-485 approval just not create unnecessary confusion.

 

[pralay]

Hi
My I 485 approved on 3rd August. But my daughter is in India on a valid H4. she will stay for 1 more Month. When she left for India, I-485 was just filed.It was expected to be approved in 10 months.But suddenly it got approved, and she is still in india, she will come next month.Is there any problem for her to enter?Do i have to send her approval to India? can some one pl clarify on this.
Thanks

I failed to understand why so many people do this kind of mistakes. Is it just saving few bucks by not applying advance parole? It's only $110! It's a well-known fact that when primary's H1 becomes invalid, then H4 becomes invalid automatically. That can leave spouse/dependents stranded abroad. When dependents are traveling it's always better to have Advance Parole.

She should try to comeback with her H4 visa stamp. As approval is not her, but yours (basically her I-485 is still pending) I don't think there will be any status change in BCP system for her profile. However, that's just my guess. In case she is questioned about the validity of her H4, it's better for her to be honest by saying that her dad did not anticipate his I-485 approval so fast and as H4 is dual-intent visa and her dad thought it's OK to travel.

 

[TheRealCanadian]

I failed to understand why so many people do this kind of mistakes. Is it just saving few bucks by not applying advance parole? It's only $110! It's a well-known fact that when primary's H1 becomes invalid, then H4 becomes invalid automatically. That can leave spouse/dependents stranded abroad. When dependents are traveling it's always better to have Advance Parole.

Only because the POEs know what to do in such a situation when you present AP. However, they can grant deferred inspection and/or parole the alien in, even without AP. That is what the POEs do.

 

[max2k1]

I failed to understand why so many people do this kind of mistakes. Is it just saving few bucks by not applying advance parole? It's only $110!

Heh heh .... its $165 now -- but who's counting ?!?

In any case, to answer the OP's question .... the best thing would've been to have AP before leaving the country.
But a friend of mine came back in H4 - she found about her approval and came back within about 5 days. So maybe her profile did not indicate her 485 approval - but no questions asked
Actually the paper approval notice came the day after she came back !

In your case, is your daughter's case approved or not ? Is there any way she can come back here asap ? That would be the best course of action ...esp since her H4 is invalid and I think its totally upto the POE officer's discretion on whether she can enter with a invalid visa (esp more confusing if her 485 is still pending).

Talk to an attorney

 

[pralay]

Only because the POEs know what to do in such a situation when you present AP. However, they can grant deferred inspection and/or parole the alien in, even without AP. That is what the POEs do.

It's true when both primary and dependents are approved. But situation get dicey when primary approved, but dependent is not approved (due to the fact that dependent applied for her I-485 later).

In fact in this forum couple of months back I saw situation where wife went back to India with expired H4 visa stamp. She was about to apply for her new H4 visa stamp in consulate (her H4 visa stamp was expired already) and come back to USA using that H4 visa stamp. But meanwhile her husband's I-485 was approved before she went to consulate for H4 visa. I don't know what happened later. But it won't be surprising if consulate rejected her H4 visa application and as a result she had to go through consular processing for her green card.

This daughter's situation is not as bad as that wife's situation, because she has a valid H4 visa stamp on her passport. I would like to think that POEs always allow this kind of situation using diferred inspection. But I would not count on it when I have more clearcut options - like, Advance Parole.