Our 140 and 485 are pending. And we already got EADs, but still waiting for AP (from February 8, 2003). And also received H1 and H4 visas extension recently. We want to travel abroad soon. If we live USA and will apply for H visa stamp abroad can it abandon our adjustment status application? Is it bad that we applied for AP but did not wait until it is approved? And what if our 485 get approved while we abroad?
Getting H visa stamp abroad while 485 and AP pending
- Thread starter wife
- Start date
No H (and L) visa holders enjoy dual intent . They can freely go in and out of USA using H visa while 485 , AP or EAD are pending
Only difference while applying for the H visa is that you would answer the question asking about whether you applied for an immigrant visa in the affirmative.
Only difference while applying for the H visa is that you would answer the question asking about whether you applied for an immigrant visa in the affirmative.
Originally posted by jaxen
No H (and L) visa holders enjoy dual intent . They can freely go in and out of USA using H visa while 485 , AP or EAD are pending
Only difference while applying for the H visa is that you would answer the question asking about whether you applied for an immigrant visa in the affirmative.
So, what is bad about "...you would answer the question asking about whether you applied for an immigrant visa in the affirmative" What should I answer?
Thank you for your respond.
wife:
"So, what is bad about "...you would answer the question asking about whether you applied for an immigrant visa in the affirmative" What should I answer?"
When you go for H1 visa stamp you have to fill up form DS-156 and it has a column if any body filed Immigration petition for you, your answer will be YES(because employer filed I-140 for you) and then the form asks WHO? Your reply will be” my employer…
If you are applying for H4 visa then your reply will be NO, as no immigrant petition (I-140) was filed for you by any employer
"So, what is bad about "...you would answer the question asking about whether you applied for an immigrant visa in the affirmative" What should I answer?"
When you go for H1 visa stamp you have to fill up form DS-156 and it has a column if any body filed Immigration petition for you, your answer will be YES(because employer filed I-140 for you) and then the form asks WHO? Your reply will be” my employer…
If you are applying for H4 visa then your reply will be NO, as no immigrant petition (I-140) was filed for you by any employer
nkm-oct23
“Logically you cannot be your own petitioner”
FYI One can file his/ her own Immigration petition (I-140) with out Sponsorship from Employer in EB1 (extraordinary Ability Cases, Lot of documents required like National awards and publications in particular field)
“Logically you cannot be your own petitioner”
FYI One can file his/ her own Immigration petition (I-140) with out Sponsorship from Employer in EB1 (extraordinary Ability Cases, Lot of documents required like National awards and publications in particular field)