H4 'notice', passport stamping and I485

G

gurgur

Registered Users (C)
I have a question regarding the filing of my and my wife I485.

I and my wife were on F1/F4 in 2002, after which I got a job with the company I was working with before I came to the US for my masters. The company's attorney's had applied for our H1B/H4 and within a month we had the H1B/H4 NOTICES (which includes a new I94 tear off). I stress on the 'notices' because our passports still had the F1/F4 stamped on it.

Since then I (and not wife) have been to my home country and have had my passport stamped with the H1B. Also I just received my I140 approval. We now plan to file the I485.
Well, the question is.

Should my wife and I file the I485 before my wife goes back to her home country and gets her passport stamped, or is the H4 'notice' sufficient for her to get her passport stamped after the I485 is filed. At first the attorneys said that it would be best for my wife to go back to her home country, get her passport stamped and return, only after which we file the I485. However, they have had another discussion internally and are adamant that the H4 'notice' should enable her to return to the US should she plan a temporary visit out of the US.

Request you to share your opinions/experience.

Thanks
 
gurgur said:
I have a question regarding the filing of my and my wife I485.

I and my wife were on F1/F4 in 2002, after which I got a job with the company I was working with before I came to the US for my masters. The company's attorney's had applied for our H1B/H4 and within a month we had the H1B/H4 NOTICES (which includes a new I94 tear off). I stress on the 'notices' because our passports still had the F1/F4 stamped on it.

Since then I (and not wife) have been to my home country and have had my passport stamped with the H1B. Also I just received my I140 approval. We now plan to file the I485.
Well, the question is.

Should my wife and I file the I485 before my wife goes back to her home country and gets her passport stamped,
------------ if you have Valid I-94 based on H1 and your wife has valid I-94 based on H4 then you both CAN file I-485, no need of going out of US for Visa stamping

or is the H4 'notice' sufficient for her to get her passport stamped after the I485 is filed. At first the attorneys said that it would be best for my wife to go back to her home country, get her passport stamped and return, only after which we file the I485.
------ ask the lawyer to show Law/regullation/memo that says she need to go out for Visa stamping and then only file I-485, your lawyer is giving you wrong advice, your spouse can file her I-485 with your I-485 if she has Valid H4 I-94
However, they have had another discussion internally and are adamant that the H4 'notice' should enable her to return to the US should she plan a temporary visit out of the US.
----- why she needs to go out for Visa stamping? She has Valid I-94 based on H4 status, she is on valid status.
Request you to share your opinions/experience.

Thanks
Click to expand...
 
gurgur said:
However, they have had another discussion internally and are adamant that the H4 'notice' should enable her to return to the US should she plan a temporary visit out of the US.
Click to expand...

This isn't complicated. Is your wife visa-exempt (ie. a Canadian citizen?). If not, she needs an H-4 visa stamp to return in H-4 status. Either that, or she needs AP. The notice grants no re-entry benefits.
 
Thank you,
Can you tell me what 'stamping' really means. Is it getting the visa stuck on a page of your passport, or does it also include getting a page of your passport stamped at the port of entry.
cheers
prateep
 
gurgur said:
Can you tell me what 'stamping' really means. Is it getting the visa stuck on a page of your passport, or does it also include getting a page of your passport stamped at the port of entry.
Click to expand...

It means getting the actual visa at the consulate abroad. The "admitted" stamp in your passport means nothing more than you were admitted in a particular status, on a particular date at a particular port of entry.
 
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