Got Valid Visa- Do I need AP - 485 pending

T

telecomguy

Registered Users (C)
I have valid H1 and my wife has valid H4 stamped in our passports valid upto 2005. We have EAD's valid till Nov 2002, but never used them. I have 485 application pending at VSC with 09/17 RD. It can be approved any day now. I have to travel to India end of this year. If 485 is not approved by then, should I get Advance Parole. I have heard different things from different people. Can you please clear these doubts.

What happens if 485 get approved while I am in India.
If they let me in, should I go for stamping since wife will come after 2 more months. Will they let her in?
 
i was told that if u do not use EADand u have valid H1 you can use it as H1 and not require AP.

But Now I am not able to remmeber if it is, we get EAD or Use EAD I am curious my self will update u.
(BTW my lawyer said not to apply for EAD as Ijust started my H-1 1 and half yrs back)

Hope this msg does not confuse u...
 
Only if you use EAD then you loose your H1 status. If you have a valid H1, then I would not worry about AP. But there is no harm in having the AP with you also. During the immigration if you show both, the immigration office will mostly see your H1 visa.
 
Re..

What happens if my 485 is approved while I am in India. I have heard that H1 becomes invalid in this case?
 
Re..

If they let me in the country while my 485 was approved in my absence and I had valid h1 but no AP, should I go for stamping here. My wife will come 2 months after me. If I stamp while she is in India, will that invalidate my H1 and so she cant come on H4. I have heard many different stories regarding this rule.
 
Re: Re..

Originally posted by telecomguy
If they let me in the country while my 485 was approved in my absence and I had valid h1 but no AP,

Yes or may be, best way to get AP

should I go for stamping here. My wife will come 2 months after me.

If I stamp while she is in India, will that invalidate my H1 and so she cant come on H4.
Yes, that's true, get AP for her for safer side.

I have heard many different stories regarding this rule.
Click to expand...

Consult your lawyer, you can not rely on only website.

I hope this helps.

JB
 
No, if you get your stamp, your H1 is invalidated and H4 is no longer invlaid. Either you wait till your spouse comes into US or make her use AP.
 
Jaxen: I am not sure how true it is that H1 becomes invalid only when stamping is done. I was exactly in this situation when my AOS got approved and my wife needed to travel to India. We did not have AP for her. She had her H4 valid till mid 2003. My office legal staff clearly told me H1 is invalid (and hence H4) as soon as AOS is approved. They told me she cannot travel without AP. It does not matter whether stamping is done or not and whether the people are in this country or not. INS purely goes by the info on its database. One thing to support this argument is the effective date on my green card (plastic) is same as date on the approval letter. It is not the date of stamping.

Telecomguy: I think you and your wife should have AP in hand before you leave US. It seem to be risky otherwise. Needless to say, discuss with your lawyer.
 
kum3 :what will happen if the 485 is approved and you are outside US and dont have AP. H visas are allowed to survive concurrently while adjusting status. So one can enter US using H1 even after 485 is approved.
Of course it is always safer to use AP at these final stages.
 
Thanks..

Thanks guys.. I am applying for AP this week.
Everyone I have asked so far, even the lawyers have told me that 99% I will be fine, but I should take AP for the extra 1% just in case some real INS tekkie guy shows up at my immigration entry airport. So I dont want to take that 1% chance for a mere 500 bucks.
 
You must log in or register to reply here.
Top