i-485 approved when outside of USA without ap but valid H1

H

hello123

Registered Users (C)
Hi Gurus,
I have a really weird situation. My family is outside from USA. They have a valid AP till Dec 10 , but they they are planning to come back on Jan 20. I already applied for renewal of AP which was approved according to INS but I never get the approval notice. I called INS and they said it might get misplaced somewhere in the mail( Sucker, I know they approved the case but never mail the approval notice, other It is kind of hard to misplaced all ( 4) approval in mail)..

Now my question is.

1) If my case get approved , when my family in India, Is it possible for them to use H-4, to enter in USA.
2) If my case get approved and I stamped my passport, when my family in India, Is it possible for them to use H-4, to enter in USA

Please suggest ...
 
Hello, I asked my attorney the very same type of Questions :
1. Please ask your fly to come back immediately using their AP.
2. Get them to have their stampings and then leave.
3. If you do get their AP extentiosn you might be able to have them come in later.
4. If their case is not yet approved, then they need to reapply the AP, in most AP cases one cannot get a duplicate notice.
5. So do not chance this, if you need to spend a few more bucks. pls do.

hope this helps
 
You don't have green card until "passport stamping". Your family can use H4 to return if you don't get your passport stamped. If you get "stamp", your family can come back on using AP not H4.
But, better talk to the lawyer.
 
good saint, this is not true, the moment ur 485 gets approved, the H1 and hence the H4 are rendered invalid. Please do not give info that is not true.
thanks
satish
 
Untrue. You can still use H1 to enter US if you were out of country when your I-485 was approved. My comment was specific to entry to US using H1.

Just use some common sense; law allows you to travel on H1 (without AP) when your I-485 is pending. There is always a very good possiblility that I-485 will be approved while you are outside of US. Does this mean you will not be allowed to enter ? I don't think so.
 
absolutely, my dear friend, u think the immigration laws are made with common sense in mind, why do u think they invented the AP ?. the AP is the only doc that will protect u in that situation, please refer to murthy.com's chats and if u r so sure,. i wud recommend u to travel in that situation..ha ha ha

i hope ur other posts are more accurate with respect to contents.
 
Thanks everyone for responding. I talked to my laywer also but he didn't provide me any specific answer. My laywer was saying there is no clear law, which say you can enter or not based on your H1/H4, if your case is approved, when you are outside of USA. People used to do it is not 100% sure, INS officer at the portof entry will alow you to enter.

it means best bet.. don't trust on H1/H4 status, always us AP.
 
Your family can enter US on H4 since at port of entry they don't have any device which will tell them that his/her I-485 has been approved, I mean they can check if you tell them that I am having this kind of problem but normally they go by what you have on your passport. Till you don't get you PP stamped your H1/H4 is valid.
So If you went out on H4 and it is valid you can come in provided you have all supporting papers like letter from employer saying that he/she still working with us, pay stubs and so on.
But also this is true that you can't say anything about INS guys at port of entry, it is very hard to make them understand.
But still I would say do not take any risk go with AP.
 
dsat_12, how old are you ... 11 12 ? If you are an adult, you are obviously a jerk who has no respect for anyone.
 
mr good saint,
i do not have respect for opinions that put people in jeopardy. i agree with my attorney in being cautious. thats all i was trying to say. since u seemed so certain u must be real OLD dude. how old are u OLD MAN. dont resport to name calling and please find your respect inside of your self. dont keep looking for it outside, u aint going to find it if its not in u. ok
 
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