485 approved while wife is in India on H4 need advise

R

raj1975

New Member
Hi,
Mine and my wife's 485s got approved recently soon after she left to India for vacation.She is on H4 and with no AP as I was told H4 is enough to travel.
Now my questions are.
1) What is her status now?
2) I heard that once I485 get approved her H4 status will be invalid is that true?
3) Is there any chance that she will be stopped at the port of entry?
4) Does any body in this forum had faced similar situation?
5) How log can we wait to go for stamping?
I apreciate very much for your answers
Thanks..
 
Get your wife here before getting stamped..

I think you should talk with your lawyer regarding this, but as far as I feel just because your case is approved does not mean that you are green card holder. Your status changes only once you get it stamped in your passport. Uptil that point your H1 is valid and consequently your wife's H4. Once again these are just my opinions, better check with somebody with authority.
 
raj1975,

I don't believe that your wife will be able to benefit from her approved I-485 anymore. Had she had an AP, everything would have been fine, as AP allows re-entering the US after I-485 was approved. Conversely, H-1B and H-4 do not.

What you need to do now is definitely talk to a lawyer. Do not attempt, I repeat do not attempt to bring your wife into the country before talking to a competent lawyer about the situation. Perhaps, your wife will have to file for follow-to-join in a US Consulate abroad.
 
I think your wife should be fine. The INS website very clearly says that you don't need an AP if you are on H1 ( or H4 ). So unfortunately , there is no problem and you'll have to spend the rest of your life with the same wife ;)
 
Congratulations! I don't think there should be a huge problem, it would have helped immensely if she had an AP. But legally she could travel on H4, so there should be some provisions on how she can enter and claim her green card. Do talk to a competent attorney.
 
Thank you for all the replys

gcusa99 said:
Congratulations!! Could you post your case details.
Click to expand...
wac-02-278-5XXX
RD 9/13/2002
PD 6/2000
1FP 10/29/2002
2FP 4/09/2004
RFE 3/16/2004
AD 4/23/2004
 
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