Hello knowledgeable immigration experts, I have a peculiar immigration problem that I hope you can help me with.
My company is sponsoring my green card application, and my wife and I have both filed our I-485, and applied for our advance parole and EAD. My AP and EAD are both approved, but because my wife applied a little later than I did for her AP, her application is still pending, and has been pending since Nov 15 2004.
She is currently in the country on H1 status, independent from my H1 that I previously held. She entered the country on an H4, as my wife, but her H4 has since expired. But while she was on H4, she found a job and a sponsor, and changed her status to H1.
We are planning an overseas trip (back home) end of the month - we have already paid for the tickets and they're non-refundable.
In case she doesn't receive her AP by the time we leave, does the law allow her to apply for (and receive) an H1 re-validation while we're back home, in order for her to re-enter the US?
I would appreciate any help you can provide. Thanks.
My company is sponsoring my green card application, and my wife and I have both filed our I-485, and applied for our advance parole and EAD. My AP and EAD are both approved, but because my wife applied a little later than I did for her AP, her application is still pending, and has been pending since Nov 15 2004.
She is currently in the country on H1 status, independent from my H1 that I previously held. She entered the country on an H4, as my wife, but her H4 has since expired. But while she was on H4, she found a job and a sponsor, and changed her status to H1.
We are planning an overseas trip (back home) end of the month - we have already paid for the tickets and they're non-refundable.
In case she doesn't receive her AP by the time we leave, does the law allow her to apply for (and receive) an H1 re-validation while we're back home, in order for her to re-enter the US?
I would appreciate any help you can provide. Thanks.