Can gurus clarify? Important and urgent.

[z/OS V1.4]

Can ginnu and gurus clarify? Important and urgent.

Suggest:

I have AP and EAD, I applied AP for my wife and it is pending. I am still working on H1, she is on H4, both our visas expired. We got 7th year extensions. We are travelling to India this month. I am returning on AP. She returning later after one month. She is going to apply for H4 at Chennai and coming with that visa.

1) If I return on AP, will it cancel her H4-status and my H1 status?

2) As AP still not approved by the time she left India, does it consider her GC abandoned? Can she come with H4 visa? So far we never used EAD and AP. I am returning on AP.

3) On application to apply for H4 visa, it asks did she ever apply for immigration. We have to answer yes. Will this create any problem? As her AP not yet approved by the time she left India? Did she get her H4?

4) Can I mail AP to her to India. If officer at POE, sees she left India before AP approval, will they allow to enter US.


Thanks.

 

[ginnu]

I have AP and EAD, I applied AP for my wife and it is pending. I am still working on H1, she is on H4, and both our visas expired. We got 7th year extensions. We are traveling to India this month. I am returning on AP. She is returning later after one month. She is going to apply for H4 at Chennai and coming with that visa.

1) If I return on AP, will it cancel her H4-status and my H1 status?
----- No, if you are working on H1 with your employer, after entering on AP you can be on H1 and can extend H1
Read: http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
2) As AP still not approved by the time she left India, does it consider her GC abandoned? Can she come with H4 visa?
---- better use H4 visa as BCIS says that AP should be approved before departure ( I know 2-3 cases those who used AP that was approved after departure , I would not take risk)
So far we never used EAD and AP. I am returning on AP.

3) On application to apply for H4 visa, it asks did she ever apply for immigration.
---- it asks “if any immigration petition was field” Immigration petition is I-140 and employer filed for YOU not for your wife, I-485 is NOT immigration petition she has to answer NO on form
We have to answer yes. Will this create any problem? As her AP not yet approved by the time she left India? Did she get her H4?

4) Can I mail AP to her to India? If officer at POE, sees she left India before AP approval, will they allow to enter US.
--- Many have done this, if I am in your situation I will wait for AP to be approved before departure or will get H4 visa stamp. You should talk to your lawyer and act accordingly.

 

[being_intrigued]

Z/OS is a good name, 64 bit addressing eh!!!

Let us know about your experiences. We are in a similar situation as you are and are worried about the repurcussions of applying for a non-immigrant visa with the PR in progress.

Thanks

 

[z/OS V1.4]

Does anybody know?

When H1 holder returns on AP, does it cancel spouse H4 status?
Can't she return on H4 visa as she do not have AP?

Anybody??????????????

Ginnu???

I could not find answer to this. These rules are so frustrating !!!

No proper clarification? Lawyers, INS, friends !!!

Nobody know better than other.