H1 and H4 Stamping with GC pending

MemoRodriguez

New Member
Hello,

I came from Mexico to this country some 3 years ago under an H1-B visa. My wife and children have H4 visas.

The expiration date on those visas was 12/2002, so on 10/2002 we applied for the renewal of my H1 and the extension of their H4 status.

Then the Labor Certification for the GC was approved (same employer), and we filed the I-140 myself and the I-485s for all of us on 12/2002.

The H visa renewal and extension was approved, but that is only a permission to stay in the country. If we need to travel abroad, we would need to have the visa stamped in our passport.

Doing it here takes 10-12 weeks, I'm told. Doing that in Mexico might take much less. For a scheduled trip, like a vacation, we can setup an appointment for all of us with the US Consulate there, and there shouldn't be a problem.

My question here is, what if we need to make an emergency trip to Mexico, and not all of us go? Can my wife (potentially with the children) stamp her passport by herself? Can the rest of us stamp later? What if I have to go first, can my wife and children stamp later?

Are the pending I-140 and I485s relevant to any of this? Are they relevant for re-entry to the United States even with our H visas stamped?

Thank you for your time.

Shalom,
Memo.
 
Yes, they can get the stamp at a later time ,so can you. But remember you can only enter US with a new stamp.
You might have to send the I797 approval (certified copy might be sufficient) if the H4 stamping is requested without your h1 stamp.

Pending 140/485s are relevant to the effect that you have to answer yes to one of the questions in the DS156 form that is all...

A I485 adjustee is also eligible to get AP (and EAD) and can use them to travel or employment authorization.
 
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