GC_I_wait4
New Member
I'd like share my joy with you guys in this forum. Believe my case would answer many questions. And wish everybody contribute valuable message to this forum.
Timeline as following
-----------------------------------------------------
July 2001:
Filed my I485
Aug. 2001
~
Feb. 2002:
Used H1 visa to enter USA several times. My Lawyer said that I
still kept H1 Status as I was in dual status-H1 and I485.
Mar. 2002:
Guessed that my GC would be approved soon. My lawyer advised
me that spouse can follow-to-join apply Green Card via
employment base as long as marriage happens before I485
approval. Worse case is to apply consular process if spouse failed
to enter USA before my approval.
And my lawyer said as long as I worked for same employer I still
maintain H1 status regardless of using AP.
Apr. 2002:
Married with my wife and decided to back USA using my AP.
My wife applied H4 visa at USA consular. I Waited outside of USA
consular.
The visa officer politely said to my wife: ” I will give you a visa
only if you show your husband returning visa". My wife shoud
show AP instead of Visa to the officer. She dind't as
lacking of knowledge about AP though I gave her my AP.
My wide failed to apply H4 visa.
I understood visa officer's concern. So I immediately flyed back to
USA using my AP.
May, 2002.
This time I was pretty sure Visa officer know how I back to
USA. ;-)
My wife successed apply H4 visa.
May 19, 2002.
My wife entered USA with H4 visa.
May 21, 2002.
My I485 was approved.
My concern was: I lost H1 status from may 21 as my I485
approval. Should my wife H4 status automatically lost?
Otherwise she could be out-of-status and couldn't adjust her
status. No time to file I485.
My lawyer answer: No ! As long as my wife legally enter USA,
she can maintain her status and applied I485
My 28, 2002:
My wife applied her I485
Aug 4, 2004:
My wife I485 approved.
Timeline as following
-----------------------------------------------------
July 2001:
Filed my I485
Aug. 2001
~
Feb. 2002:
Used H1 visa to enter USA several times. My Lawyer said that I
still kept H1 Status as I was in dual status-H1 and I485.
Mar. 2002:
Guessed that my GC would be approved soon. My lawyer advised
me that spouse can follow-to-join apply Green Card via
employment base as long as marriage happens before I485
approval. Worse case is to apply consular process if spouse failed
to enter USA before my approval.
And my lawyer said as long as I worked for same employer I still
maintain H1 status regardless of using AP.
Apr. 2002:
Married with my wife and decided to back USA using my AP.
My wife applied H4 visa at USA consular. I Waited outside of USA
consular.
The visa officer politely said to my wife: ” I will give you a visa
only if you show your husband returning visa". My wife shoud
show AP instead of Visa to the officer. She dind't as
lacking of knowledge about AP though I gave her my AP.
My wide failed to apply H4 visa.
I understood visa officer's concern. So I immediately flyed back to
USA using my AP.
May, 2002.
This time I was pretty sure Visa officer know how I back to
USA. ;-)
My wife successed apply H4 visa.
May 19, 2002.
My wife entered USA with H4 visa.
May 21, 2002.
My I485 was approved.
My concern was: I lost H1 status from may 21 as my I485
approval. Should my wife H4 status automatically lost?
Otherwise she could be out-of-status and couldn't adjust her
status. No time to file I485.
My lawyer answer: No ! As long as my wife legally enter USA,
she can maintain her status and applied I485
My 28, 2002:
My wife applied her I485
Aug 4, 2004:
My wife I485 approved.