I-485 - H4 Issue

A

anirudhs

Registered Users (C)
Please advice.

I have already got my Green card from VSC. My wife's I-485 application was filed in TSC. My wife came to US on H4 Visa. My wife's I-485 application is a derivative of my GC. She has already got her EAD card and Social security number. We have also send an application to TSC to transfer her application from TSC to VSC.

She has a valid H4 visa which expires on Jan. 2003. Since I have already got my green card, my H1B visa is not valid anymore. Is this a right assumption? If yes, what is my wife's immigration status? H4 Visa is dependent on the validity of H1B visa. Can she stay in US while her I-485 application is in process?

While her case I-485 application is in progress:
1. Can she travel outside US while her H4 Visa has not expired?
2. Can she travel outside US when H4 visa has expired?
3. Can she stay in US during this period? If yes, what is her immigration status?

Thanks in advance.
 
Originally posted by anirudhs
Please advice.

I have already got my Green card from VSC. My wife's I-485 application was filed in TSC. My wife came to US on H4 Visa. My wife's I-485 application is a derivative of my GC. She has already got her EAD card and Social security number. We have also send an application to TSC to transfer her application from TSC to VSC.

She has a valid H4 visa which expires on Jan. 2003. Since I have already got my green card, my H1B visa is not valid anymore. Is this a right assumption? If yes, what is my wife's immigration status? H4 Visa is dependent on the validity of H1B visa. Can she stay in US while her I-485 application is in process?

While her case I-485 application is in progress:
1. Can she travel outside US while her H4 Visa has not expired?
A She should get AP to travel.
2. Can she travel outside US when H4 visa has expired?
A. She can with AP
3. Can she stay in US during this period? If yes, what is her immigration status?
Yes, Adjustee status. Currently she is in adjustee status because you are not on h1 any more. As long as you have h1 her status will be h4 but once you file your I-485 application if you don't have any other valid non-immigrant status she will became adjustee.

Thanks in advance.
Click to expand...

Just wondering if you got EAD for her then why you didn't got AP for her? May be your lawyer was stupid or you didn't knew about AP.

I hope this will help.

JB
 
I thought you apply for AP only when you want to travel outside of US and it takes just one week to get it.
 
You are right.

You only need to have AP if you want to travel outside, but for the safer side you want to keep the AP as your wife H4 status is not valid. And As far as I know I don't know any case where AP issued with in one week. I would be rather safe than sorry. (I think you might already know in case you are maintaining adjustee status like your wife, and some how in emergency she have to leave country her Green card process will stop, if she doesn't have AP)

Rest is up to you, Good Luck.

I hope this will help.

JB


Originally posted by anirudhs
I thought you apply for AP only when you want to travel outside of US and it takes just one week to get it.
Click to expand...
 
Re: You are right.

Originally posted by jbm
You only need to have AP if you want to travel outside, but for the safer side you want to keep the AP as your wife H4 status is not valid. And As far as I know I don't know any case where AP issued with in one week. I would be rather safe than sorry. (I think you might already know in case you are maintaining adjustee status like your wife, and some how in emergency she have to leave country her Green card process will stop, if she doesn't have AP)

Rest is up to you, Good Luck.

I hope this will help.

JB
Click to expand...


Agree with you JBM on the AP and emergency issue. However what will you fill in where you are supposed to write the date of travel and the duration of the travel - when you are not really planning to travel or do not have a specific date in mind?
 
I think you can put any date for future travel

For my application my lawyer suggested to put some potential date of travel. Which can be change according to situation.

In don't think it create any big problem for date.

I hope this help.

JB
 
Originally posted by anirudhs
Please advice.

I have already got my Green card from VSC. My wife's I-485 application was filed in TSC. My wife came to US on H4 Visa. My wife's I-485 application is a derivative of my GC. She has already got her EAD card and Social security number. We have also send an application to TSC to transfer her application from TSC to VSC.

She has a valid H4 visa which expires on Jan. 2003. Since I have already got my green card, my H1B visa is not valid anymore. Is this a right assumption? If yes, what is my wife's immigration status? H4 Visa is dependent on the validity of H1B visa. Can she stay in US while her I-485 application is in process?

While her case I-485 application is in progress:
1. Can she travel outside US while her H4 Visa has not expired?
2. Can she travel outside US when H4 visa has expired?
3. Can she stay in US during this period? If yes, what is her immigration status?

Thanks in advance.
Click to expand...






Hi,

I think your wife is still in valid status, she does not require any AP if she is planning to return back
before expiring H4 visa.

The reason why I am telling is that , one of my friend died in an accident , he is H1 visa holder
and his wife who is dependent on him has H4 visa. She is still living here and recently she has converted
to H1 and started working.

She was on H4 for 4 months before coverting to H1

My two cents, talk to immigration person.


regards
 
Hi RAGHUC,

I think your example might be lucky person, but I think legally you can not maintain h4 your status if your spouse is not on h1 anymore.

I didn't say she is not in status, Obviously her status is adjustee. but questions is if she can travel on h4 or not. She can travel by taking chance, in case she caught on POE it will create more complication. Other thing is without AP if you leave usa without any valid non-immigrant status your greencard process stops.

visit this link
http://www.ins.gov/graphics/howdoi/travdoc.htm

*******************8
If you do not apply for Advance Parole before you leave the country, you will abandon your application with the INS and you may not be permitted to return to the United States. (Please note: This requirement does not apply to people who have applied to adjust to permanent resident status and are maintaining H-1 status (temporary workers in specialty occupations) or L-1 status (intra-company transferees), or their dependents in H-4 or L-2 status.)
*************************************

Why you want to take chance for mearly 110 $ per person ?

Rest is up to you guys.

JB
 
anirudhs ... there is some ambiguity when u describe ur situation ...

u say u are a green card holder and ur wife is on H4 but applied for 485 ..... did both of u guys apply for 485 at the same time ???

With 485 filed were u still on H1b or switched to EAD??

If u filed 485 before ur wife and started working on EAD before ur wife filed 485, then she definitely lost her status of H4 before filing 485!!!

But coming to her current status .... she is has a status of an adjustee and not H4 ... the visa on her passport is of no use ....

if she travels, she will need an AP for sure !!! She will use that AP to re-enter US and not her H4 ....
 
Hi jbm,

I understand your posting and read thelink which you have posted in the earlier discussion. As i don't know much of the case details so I don;t want to coment on that issue any more.

But I have one question, may be siilly but do answer me so it also pertains to my case in future.

Usually both the people ( Husband & wife) would apply for AOS and they are maintaining respective visa status. For whatsoever reasons husbands ( primary) AOS is approved and whatsoever reasons dependent AOS is delayed. But for INS both are valid and as long as the petion is with them.

In that case if other person is having valid visa and sufficient time to re enter into USA then why that person needs AP?


Your reply is highly appreciated.
 
Last edited by a moderator:
Hi RAGHUC,

I am not lawyer, but I think what I understood when u file AOS and if you don't have valid non-immigrant status then your status would be adjustee. That is valid status, it's not out of status. but it's not non-immigrant status, so you have to follow regulation associated with it.

As you mention if husband greencard approved (or he use EAD,) then he is not h1 anymore (you can not have two status) and so automaticaly your spouse would loose her h4 status but then she already filed her AOS she will be adjustee. You can use h4 visa to travel, but you are risking a lot. so I think AP is necassary. If you are 100 % sure you won't have to travel out side of usa or you are ready to sacrifice your I-485 process in case of emrgency travel, than You can stay in usa without any problem.

It's mot hard and fast rule, but I think safe is always better than sorry.

I hope this answer your question.

JB


PS. Please visit following url for more highlight on this issue.
http://www.murthy.com/chat0923.html


Chat User : Hello, Ms. Murthy. If a person uses H-1 for travel and the spouse uses AP, does it mean that upon return we can no longer use H-1 and have to use EAD? Please advise. We have heard mixed opinions.

Attorney Murthy : If the principal returns on H1B the spouse is eligible to return on H-4, or on AP if the spouse is working on the EAD. On the other hand, if the principal enters on AP, then the spouse can no longer maintain H-4 (since that status depends on the H1B), unless the principal again changes back to H1B status by filing an H1B extension or amendment, etc.
Originally posted by RAGHUC


Hi jbm,

I understand your posting and read thelink which you have posted in the earlier discussion. As i don't know much of the case details so I don;t want to coment on that issue any more.

But I have one question, may be siilly but do answer me so it also pertains to my case in future.

Usually both the people ( Husband & wife) would apply for AOS and they are maintaining respective visa status. For whatsoever reasons husbands ( primary) AOS is approved and whatsoever reasons dependent AOS is delayed. But for INS both are valid and as long as the petion is with them.

In that case if other person is having valid visa and sufficient time to re enter into USA then why that person needs AP?


Your reply is highly appreciated.
Click to expand...
 
Last edited by a moderator:
Hi Anirudhs,

Your wife's status of H4 depends solely on your maintaining H1B status. The minute your H1B status is gone her H4 status is gone too. Period.

Since both of you have applied for AOS and you got your GC and she is still waiting, her status is I-485 waiting adjudication. She has no other status. She is legally staying in US waiting for her I-485 approval.

Now coming to travel outside US is concern, she can freely travel out with out any hassle. But for re-entering US she needs a valid document which is called 'AP'. Without this she cannot enter US. For having travelled out, if at all she travels out without AP, she not only cannot enter US but she also loses her I-485 status.

This is what I gathered from my reading all the relevant info on the web. I do not know if there is any way out for this. Best bet would be to consult an immigration attorney for which you pay $200. Instead it is best to apply for an AP for only $110.

If you are sure that you can get an AP in a week's time, wait for the emergency to come and apply. Don't apply at all if you do not foresee any travel out of the country before her I-485 is adjudicated.

Good Luck Buddy.
 
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