H4 extension for spouce after fileing 485

V

veeru47

Registered Users (C)
Here is my situation. I filed my I-485 on 30th july. Also renewed my H1B untill nov 2008. Now i want to apply for my wife's H4 extension. I have couple of questions:

1) In I-539 forms Part 4. There are different questions about immigration visa. Should i answer to them yes or no. Questions are 1) Are you applicant for immigration visa 2) Have you applied for immigration petition before ? Do I answer to these yes or no. Considering that i have applied for i-485.


2) I am planning to visit India in Nov. I am not sure if 539 will be approved by that time or not. Is there premium processing for 539 ? Is there any chance I will get my notification or Advanced Parole by then ?


Any inputs are greatly appreciated.
 
veeru47 said:
Here is my situation. I filed my I-485 on 30th july. Also renewed my H1B untill nov 2008. Now i want to apply for my wife's H4 extension. I have couple of questions:

1) In I-539 forms Part 4. There are different questions about immigration visa. Should i answer to them yes or no. Questions are 1) Are you applicant for immigration visa 2) Have you applied for immigration petition before ? Do I answer to these yes or no. Considering that i have applied for i-485.

------------------if any I-140 for your wife was not filed then answer is NO as I-140 is the Immigration petition. I-485 is Applicantion to Adjust status in US
2) I am planning to visit India in Nov. I am not sure if 539 will be approved by that time or not.
---------------if her I-94 is going to expire then file H4 extension before her I-94 gets expired. once she sends the form, fee and gets reciept of H4 extension filing then she is OK to go out if her H4 EXT is not approved (keep the reciept and copy of filing papers with you for future refrence)
Is there premium processing for 539 ?
-----NO
Is there any chance I will get my notification or Advanced Parole by then ?
--------------- dont know but if filed I-485 in July one may get AP in 3-4 months time. FYI AP goes to lawyer who filed I-485 and AP, EAD comes to your home address

Any inputs are greatly appreciated.
Click to expand...

--------------------
 
The I-140 was never filed for her.
Another question. If her notification for 485 applications comes in couple of month and Advance Parole doesnt come by that date, can i get AP by walking in at INS office ? I think I saw some thread on that. Also are there any constrains on travelling on AP vs H4 or H1.


Thanks for reply ! Much appreciated
 
veeru47 said:
The I-140 was never filed for her.


Another question. If her notification for 485 applications comes in couple of month and Advance Parole doesnt come by that date, can i get AP by walking in at INS office ?
---------------how YOU can get HER AP from Local office? FYI Local office will not give AP it will be approved by service center and is sent to Lawyer who filed. if filed directly without lawyer it will come to your home address

I think I saw some thread on that.

Also are there any constrains on travelling on AP vs H4 or H1.
--------------if one has H1 or H4 valid visa stamp(or can get from US consulate) then enter US with H1 or H4 stamp and why to use AP?

Thanks for reply ! Much appreciated
Click to expand...

-----------------------------
 
veeru47 said:
I am planning to visit India in Nov. I am not sure if 539 will be approved by that time or not. Is there premium processing for 539 ? Is there any chance I will get my notification or Advanced Parole by then?
Click to expand...

I don't see why you care if the I-539 is approved or not by the time you leave. Even if it is approved, the extension is of no value the instant she leaves the US.
 
You must log in or register to reply here.
Top