I-485 approved Finally !!!

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My I-485 approved yesterday finally after getting RFE. Here are the details:

Labor - RIR, Original
I-140 - EB3, ND - 26 Sep 2003, AD - 10/13/2004
I-485 - RFE on 11/04/2004 about Birth Certificate and verification of employment from current employer
- RFE received 12/13/2004
- LUD change on I-485 12/13, 12/14, 12/15, 12/16
AD - 12/20

Meanwhile I applied one EAD and one AP which has already expired.

I have some questions. I hope some one can answer me.

1) I am on H1-B which is valid for next 8 months. I don't have AP. I am going out of country on 12/28. I am planning to get my passport stamped before I leave but it all depends on if I receive approval notice. Local office will not stamp my passport without approval notice. Is it true or can I take my chance ? What happens if I leave USA without stamp ? Any problem in getting back into USA ? Can I get passport stamped in consulate outside the USA ?

2) My wife is on H4 and her AP has been applied last week. She will be returning to USA in Mid of feb. Can she enter on H4 or she needs AP ? Also, my wife is a canadian citizen so ideally she doesn't need any visa to enter into USA. So can she enter without having H4 or AP ?
 
Congrats

Congrats!!

If I were you unless it is an emergency I would get the stamping and then plan for any trips!!
 
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ssk007 said:
If you are on a H1 I do not anticipate any problems for you to re-enter...
Click to expand...
H1 become invalid after GC approval. Think twice before going out of country without stamp.
 
Congrats.
ITs better to have stamp and leave country.
I think H1 will become invalid after your case is approved.
 
GC_SEARCH said:
2) My wife is on H4 and her AP has been applied last week. She will be returning to USA in Mid of feb. Can she enter on H4 or she needs AP ? Also, my wife is a canadian citizen so ideally she doesn't need any visa to enter into USA. So can she enter without having H4 or AP ?
Click to expand...

Don't ever do this!!!!

Her H4 is now invalid, because your case is approved. You did not specify if her case got approved also.

If she is not approved, she has no choice but to enter with her AP. But since she left before she got her AP approved, she may have trouble re-entering the US. If she enters as a Canadian B2 Tourist, then she will have officially abandoned her I-485 pending status, and game over, she won't get a green card.

If her case is already approved, and she does not have a stamp yet, if she enters as a Canadian citizen and does not show her AP at this point, her I-485 case will be considered abandoned and she may lose the entite green card, because she will have entered as a B2 tourist status, and not in I-485 pending status. If she is approved, I suggest that she return to the US, ASAP and go get the stamp done in her passport. There is no telling how long they will continue to let her in on her AP, since her case is already approved, and AP technically is invalid, although the officers at the POE generally let people in on an AP when the case is approved, no one knows how long the delay can be after your case was approved and before you get the stamp, before they consider that you have abandonded your status.

Seek the assitance of a lawyer, this is not a simple case.
 
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