H-4 rejection while I-485 is pending

K

kesab

Registered Users (C)
Hi all, we submitted our I-485 last month. I am on H-1 (spouse and kids on H-4) and valid through next 3 years. We have not stamped passsport with H1/H-4 visa yet. My wife and my kids are planning to go to India. When she goes to Consulate to get H-4 visa stamp and get rejected, what options will be avaiable to her to come back to US? Can she use the advance parole to re-enter US?...thanks and appreciate your comments...
 
If her H4 visa gets rejected which shouldn't then she can us AP to enter. It is always recommended that you leave US only after your AP is approved after your I485 is filed as a backup measure but the advantage of her entering on H4 will be that she will be in the non immigrant status and if something goes wrong with I485 she does not have to leave the country right away.

Hope this helps
 
Thanks Jaggy for your suggestions. Just one more question (I should have mentioned it earlier). With the ADvance parole she does not need separate stump in passport, right?
She can just show it at the airport and re-enter US?..thanks
 
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