Emergency travel - assistance please

H

hari_kb

Registered Users (C)
Hi,
I am new to this website and sorry if my question is repetitive. I am on H1b and my wife came to the US on H4. she changed her visa status to F1 while my Labor was pending and she has been in that visa for the past year and half. I applied for my I-140 and got it approved last April. I am waiting for my priority date to be current to apply for my 485 (PD: EB2; Nov 04). Will she have a problem if we have to travel next month to India and appear for her F1stamping in chennai. She has already been included in my 140 application and I am not sure if that will affect her stamping. Thanks in advance for your advice and any suggestions.
 
hari_kb said:
Hi,
I am new to this website and sorry if my question is repetitive. I am on H1b and my wife came to the US on H4. she changed her visa status to F1 while my Labor was pending and she has been in that visa for the past year and half. I applied for my I-140 and got it approved last April. I am waiting for my priority date to be current to apply for my 485 (PD: EB2; Nov 04). Will she have a problem if we have to travel next month to India and appear for her F1stamping in chennai. She has already been included in my 140 application and I am not sure if that will affect her stamping. Thanks in advance for your advice and any suggestions.
Click to expand...

I am not sure whether dependent names are required to file I-140. What I say is you wife's name may not be used to file I-140 or approval copy may not have your wife's name.

Wait for experts.
 
thanks for your comments. you are correct that the wifes name need not be listed in 140. But, there was an option to list the wifes name in 140 if I wanted to and I did that during my 140. I am not sure if that will make her as a potential immigrant applicant and cause a rejection in her F1 stamping when we go to INdia. thanks
 
my attorney has instructed that we should contact them if we need to travel. Thge idea is to cover all aspects.
Regarding your case, travelling on F1 gets a bit tricky...though I'm not sure if I can say anything concretely. Put it up in the F1 forum...there are few experts there.
 
Why change to F1? H4 people can study at colleges. If anything you should try to change her back to H4.

With F1 the burden is on the applicant to show that they will leave the US, not on the officer to show that the applicant will stay. If you have started the green card process and are in a status where immigrant intent is not allowed, it is a big risk to leave the country without advance parole or changing to another status where you don't have to disprove immigrant intent. There's definitely a danger of having the F1 stamping rejected. And even if she gets the F1 stamp, it's another danger again at the port of entry.
 
Last edited by a moderator:
Thanks a lot guys. I think you are correct. I dont want her to travel on F1 as the risks are high. I am just going to wait and see if my PD moves in the next couple of months to have time for AP. If not she will have to stay in the country until I get my PD current or get her own H1B after she opts for OPT..

To anyswer your question of not changing to H4 is, she has a good offer to work as an intern and in OPT and she can move along the H1B path if my PD does not become current soon. With H4 she will be stuck for a while...

thanks for your time and input....cheers
 
You must log in or register to reply here.
Top