AP question - urgent

G

green_card_texas

Registered Users (C)
1.My wife is in India.
2.H4 is expiring on 28th oct
3.AP is still pending.
4.Can she stay past oct 28th (till dec 2002) and come back using AP...?
thanks.. please reply..urgent
 
Very risky to stay beyond Oct 28th

If the H4 is expiring on Oct 28th then either she has to get back to US before Oct 28th or get the H4 revalidated at an embassy in India. If she cannot get her H4 revalidated and wants to stay beyond Oct 28th then you have to send her AP (ofcourse after you get it) by Courier to India. Then she can enter using that AP. Otherwise neither the airline nor the INS at POE will let her in to US.
Please clarify with your lawyer.
 
more details

more details
5.She applied(first time) AP(texas) last may 2002 , when she was here.
6. Never thought it will take this long.
7.I got my EAD,AP.
8. She got her EAD.
9.I am still using my h1 which is going to expire on oct 28th.
10.We havn't applied for any extension of h-1 and h-4
 
What I would do

1)I would ask her to apply for H4 at INDIA, it will be issued on the same day. H4 visa never get rejected if H1 has everything valid.
2) If in case she can not get h4 or can not apply for h4 then do your next best thing as constworry suggested.

I got a feeling that if your AP is pending, you can not leave thye country.

Check with ur lawer.
 
Re: What I would do

It would be always safer to get H1 extended if possible. And get h4 stamp in India when she want to come back. (She needs to have your h1 approval and other document) I am not sure if she is India she need to file I-539 or not. Consult your lawyer.

2. I am disagreeing with Shain about AP pending issue. The only requirement is to apply for AP before go out in USA. If it pending and get approve then it can be sent through courier/ mail out of USA. It won't affect GC process. (For your case as long you are maintaining any other legal status like h1/ h4 until oct, you don't need AP till that time)

I would try to go to Local center with AP receipt and try to convince get AP if possible, or tell your wife to wait in India until AP is approve.

Call INS center and ask if AP was issue or there is REF (like marriage cert. or something like that)

I hope this helps.

JB



Originally posted by Sahin
1)I would ask her to apply for H4 at INDIA, it will be issued on the same day. H4 visa never get rejected if H1 has everything valid.
2) If in case she can not get h4 or can not apply for h4 then do your next best thing as constworry suggested.

I got a feeling that if your AP is pending, you can not leave thye country.

Check with ur lawer.
Click to expand...
 
Re: What I would do

Originally posted by Sahin
1)I would ask her to apply for H4 at INDIA, it will be issued on the same day. H4 visa never get rejected if H1 has everything valid.
2) If in case she can not get h4 or can not apply for h4 then do your next best thing as constworry suggested.

I got a feeling that if your AP is pending, you can not leave thye country.

Check with ur lawer.
Click to expand...

1. I disagree with Sahin. Since your H1 is expiring on 28th oct. She cannot apply for H4, well technically she can but it will be valid only till 28th oct. - which she has already.

2. I concur with JBM to file for extension of your H1. Then she can go and apply for a fresh H4 in India (not an extension) - like the first time she got it. You will have to provide her with original approval notice and other documents (this is risky unless you are in India with all this docs... when she goes to get her H4.
I am not sure if she can apply for her extesion. Definitely not until you get your extension or you apply for both of your extension here.

3. Best bet if feasible wait in India until the AP gets approved and then you can Register mail/Courier it.

Not a legal advice. Consult your immigratin attorney.
 
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