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
 
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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
 
Better your wife should be in US before 28th, She can not apply or get AP while she is in India, if you are still not clear take the services of good lawyer.
 
Alternately,

She can wait for the AP approval. The risk is , if you get a RFE for AP and INS asks for I94 (because you are supposed to wait for AP approval before undertaking travel) then her 485 will be abandoned and she will have to redo GC through consular processing.
You should call INS and find out why AP is taking so long, before deciding on a course of action. It will be prudent not to mention that your wife is already outside US.
 
Jaxen

Dear Jaxen,

Thanks for the Link i have gone though that link and it clearly states:

"Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment"

The case we hare trying to help is:
1. His wife applied AP but left US with out AP, till date her husband has not Recieved AP for her in US, They have not extended H1B or H4 Visa, The only alternative for her wife is to Reach US on H4 Valid Visa that expires on 28 October. If the main Applicant would have Extended her H1B then there was alternative that She could have got H4 based on husband H1B extension fom US consulate in India and that is not the case.

His wife should reach US before her H4 expires to avoide any problems.
Regards to you and alll!!
 
Come on, Read on the next sentence...

And the next sentence goes ...
"Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1 (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents..."

Any insights into this?
There is no harm in applying for Advance Parole. As I said earlier if she gets a RFE or denial then she will be in a soup. The applicant should consider the risk.
I have seen some users in this forum who successfully got AP when the applicant was out of US and they entered US using the AP, without any issues...
Yes there is another paragraph in the same link which reiterates the requirement of approval prior to departure. However I stand by my intrepretation and do not want to prolong another unproductive Yes/No argument.
Good Luck.
 
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Jaxen wrote

"Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1 (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents..."

The above person has adjusted status and will NOT be maintaining H1 after 28 October, his H1B is going to expire on that date and his wife H4 is expiring on same date.
She left US without AP

Her Hasband has not Recieved AP for her in US that she applied before her Departure to India, that means she is with out AP.

She can only enter on H4 before 28th October.
I was reading the comments from you and Avtaar and today talked to my Lawyer and he said that She should enter before 28 th on H4, If she delays that date her I-1485 will be abondoned and she can not enter with out AP or Valid H4, and she has not AP with her.
 
Hi green_card_texas

I would suggest go ahead and apply for h1/h4 ext for safer side.

AP is good thing but why you want to take chance for some money.

I hope this helps.

JB


Originally posted by green_card_texas
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
Click to expand...
 
part-II -- AP question -- local INS office

ok.. my wife has come back to usa.. they have given her I-94 for only 10 days..(it should not be issue because she in AOS now)
...
Now I want to know how to get AP from a local office .. in person.. is it possible is texas..? and in which texas city it is possible... Anybody got AP from any texas local INS office....?

thanks
 
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