H4 stamping while 140/485 pending

[eb1_VSC]

My 140 and 485 are still pending. Since I don’t think my case is a strong one, I haven’t applied for AP. I am continuing my H1 status and my wife is continuing her H4, to be expired on June’07.

My wife does not have a H4 stamp on her passport. Would it be alright for her to go to the home country to get her passport stamped, given the immigration applications are still pending?

Your reply is greatly appreciated,

Thanks,

eb1_VSC

 

[eb1doc]

My 140 and 485 are still pending. Since I don’t think my case is a strong one, I haven’t applied for AP. I am continuing my H1 status and my wife is continuing her H4, to be expired on June’07.

My wife does not have a H4 stamp on her passport. Would it be alright for her to go to the home country to get her passport stamped, given the immigration applications are still pending?

Your reply is greatly appreciated,

Thanks,

eb1_VSC

It depends on which country are u from.
At INDIA its is regarded as change in intent of stay so sometimes they create problem. If you are not going with her then it will be easy for her as they are then o.k with that(no one wants to separate couple).....Also it will be good idea to have AP for emrgency travels...

 

[jllag1]

As long as your H1 papers are ok, she will not have any problems to get H4. H4 is dual intent, so they cannot reject her H4 just on immigration intent.

 

[eb1doc]

just an information.
My friend with similar condition went to india and got H1 & H4 for himself and his wife respectively got stampped.