AP pending and outside USA !! Need opinion

I

indocanadian

New Member
Guys,

Here is my wife's case for which I am looking some opinion. First of all case summary in short:

I was on H1-B with I-485 pending and after marriage my wife (Canadian citizen) entered into USA on H4. Soon after marriage, only I-485 (No EAD and AP) for my wife was filed in Sept. 2004. Later in Dec. 2004 her EAD and AP was filed too, which is still not approved. In last week of Dec. 2004 only my green card was approved and I got I-551 stamping done. Very next day after stamping we went for a trip to India. I entered into USA using I-551 stamping and my wife is supposed to enter next month.

1) Can she enter in USA on H-4 or does she need AP to enter ?
2) My wife left USA when AP was not yet approved. If my wife use AP, will it cause any problem in re-entering or pending I-485 ?

Thanks,
IC
 
indocanadian said:
Guys,

Here is my wife's case for which I am looking some opinion. First of all case summary in short:

I was on H1-B with I-485 pending and after marriage my wife (Canadian citizen) entered into USA on H4. Soon after marriage, only I-485 (No EAD and AP) for my wife was filed in Sept. 2004. Later in Dec. 2004 her EAD and AP was filed too, which is still not approved. In last week of Dec. 2004 only my green card was approved and I got I-551 stamping done. Very next day after stamping we went for a trip to India. I entered into USA using I-551 stamping and my wife is supposed to enter next month.

1) Can she enter in USA on H-4 or does she need AP to enter ?

---she is no more on H4 status, as you got your GC
2) My wife left USA when AP was not yet approved. If my wife use AP, will it cause any problem in re-entering or pending I-485 ?
----AP was supposed to be approved when she went out of US
Thanks,
IC
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Thanks for reply Ginnu.

We landed in this situation because my green card was approved just one day before our overseas trip. I had my H1 and my wife had H-4.

Anyways will my wife be denied admission into USA ? Will her AOS will be terminated ? What are the possibilites to get my wife into USA? I will appreciate any reply on this.
 
Indocanadian

I think it would be well worth you talking to an attorney before your wife tries to return.

How quickly after approval did you go for stamping? I think you made a mistake by doing the stamping, especially if you had only very recently received the approval. By going for stamping, you have effectively acknowledged that you know your H1 and hence your wifes H4 are no longer valid. Had you not gone for stamping you could have argued that the approval came after you left the country and you planned to reenter on H1/H4 in good faith.
 
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