AP Question. Please help.

A

Anil_Verma

Registered Users (C)
I have applied my 140/485/EAD/AP for me and my wife and my daughter in May 2004. My daughter is studying in India. We have applied her 485 and AP when she came here for summer vacations. She left to India in July.

My H1-B and my daughter's H4 are expiring (6 years) in October 04. My attorney is saying that she has to come to US before her H4 expires and go back to India on AP in order to maintain the status. Is this right ? Or is there any alternative for that ? Can I apply for H1-B 7th year extension and H4 for my daughter and can she come to US with that H4. Please clarify.

If I apply for 7th year extension, in case there are any issues with my 140 and denied, can I stay in the US till the end of 7th year extension ? Or I will be out of status immediately after 140 is denied ?

Can somebody please clarify ?
 
ask u r daughter to come back using H4 and then take her AP with her, when she returns back to INDIA. By doing so the next time when she returns to US she can come back using her AP. Your lawyer is correct.
 
Anil_Verma said:
I have applied my 140/485/EAD/AP for me and my wife and my daughter in May 2004. My daughter is studying in India. We have applied her 485 and AP when she came here for summer vacations. She left to India in July.

My H1-B and my daughter's H4 are expiring (6 years) in October 04. My attorney is saying that she has to come to US before her H4 expires and go back to India on AP in order to maintain the status. Is this right ? Or is there any alternative for that ? Can I apply for H1-B 7th year extension and H4 for my daughter and can she come to US with that H4. Please clarify.

If I apply for 7th year extension, in case there are any issues with my 140 and denied, can I stay in the US till the end of 7th year extension ? Or I will be out of status immediately after 140 is denied ?

Can somebody please clarify ?
Click to expand...
I thought that AOS processing would stop when the alien is out of US and would resume on their return .....

Is this not true anymore ?

Seems like your daughter is spending most of the time outside US and still doing AOS ?

Wouldn't she have to do CP in this case ?
 
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