Green Card / Dependent Visa Question

I

iuser879

New Member
Hello,

I have the following question about dependent visa / green card process. Here is my situation -

My green card petition has been filed by my employer and as part of my petition my wife's petition has also been filed. Currently, I am on H1B and mw wife is on H4(dependent visa).

My wife had to leave the US and go back to our home country after submitting her medical test report. As such she has not done her biometirc appointment. I am in the US and I have completed my biometrics appointment. Since my wife is in her home country for extended period of time she now has received the Notice of Intent of Denial (NOID) from USCIS for not appearing at the biometrics appointment. We rescheduled it a few times but due to family reasons she could not make it back to the US. She needs to continue to stay in their home country for a while and as such it is possible that her green card petition gets canceled/refused because of not appearing for the biometric notice.

My question is if I get my green card as per schedule and my wife's petition got canceled, can my wife re-apply for a dependent(h4) visa after their current H4 expires and join me back in the US? Or once I get my green card, the only way for her to come to the US would be for me to apply/sponsor her green card?

Regards,
IUser
 
She can return to the US with H4, but only if your H1B status is still valid. If you change jobs with EAD or your green card is approved, you would no longer have H1B status, which would mean your wife can no longer get or use her H4 visa. You would have to file I-824 after your green card approval so she can follow-to-join.

Another problem is that if there is retrogression, which is a real risk if you're in EB3, she may be unable to file the I-485 again for a long time (possibly years), so it's very important to preserve her existing I-485.

If she can get another biometrics appointment, she really should try to return to the US for a couple of days to give biometrics and then go back.
 
You must log in or register to reply here.
Top