I-485 Paroll

N

npulukuri

Registered Users (C)
Hi,
I have couple of questions regarding the status of my current H1.
Iam currently holding H1 valid till june30,2004 and also have EAD which is valid until Sep,2004. My I-485 Priority date is Jun26,2001. My wife's priority date is April1,2003.

First Question
Iam expecting the green card sooner. My wife wants to go to INDIA and she doesn't have a Paroll. She has a valid H4 until June,30 2004. If I get a green card, Can my wife go to india on her H4.

Second Question

If she goes to INDIA now, Can she come back on H4, if I get a green card Mean while.
Will my status change after getting the green card approval or When I get it stamped.

Any response is greatly appreciated,

Thanks,
Narsi
 
My understanding is unless your (or your wife's) passport is stamped, you (or your wife) do not have a green card. So she should be able to go and return back by June 30, 2004 on H4.
 
Hi,

Thanks for your response. Are you sure that. When I spoke to lawyer He told me that Once we get an approval, status will be changed automatically. I don't know weather he is correct or not. How log can we wait between approval and stamping.


Thanks,
Narsi.
 
How come you and your wife has different priority dates? If your wife is on H4, how can she apply for I-485 by herself? Or are you mentioning about the I-485 receipt date?

If she a derivative case, then she MAY get approved with you even if the dates are different. In that case, your status will be changed and there could be some problem while coming back..

My lawyer advised us NOT to go out of country even on AP, if the adjudication date is near..

Please clarify that you mean Receipt date.
 
I applied 485 before I got married. I got her after marriage on H4 last year and applied for I-485. That's the reason we have two different receipt dates. Both of us do not have Parole. Our H1 is expiring on June30, 2004. I may get green card before we leave. If that is the case, she would not be able to go. Can somebody tell all pros and cons and ways to go to INDIA

Thanks,
Narsi.
 
One more thing. She is a dependant. I don't know weather she gets green card approval along with me because we have different priority dates and the gap is about 2 years.

Thanks,
Narsi
 
Yes, your cases will probably will not get approved together. Once you get your 485 approved and lets assume your wife is in India at that time, her H4 will automatically become invalid. She will need advance parole to enter US after that. So, apply and get AP for her before she heads off to India, as your case seems close to approval based on your RD.
 
Yup! If your GC get approved, then H4 is no longer valid

She has to get an AP before leaving.. (By rule, you have to have an approved AP in hand before leaving country)
 
if this helps ...

.. the stamping only shows evidence that your status has changed. It is a temporary evidence of lawful permanent residence. So, yes, the status does change after approval.

As far as her trip is concerned, she can use her valid H4 visa. Incase of an early approval, you can always send her the approval papers. Her passport will be stamped on entry to US.
 
Thank you all for your responses. According to all your mails,
It's not good to send my wife to INDIA until she gets an AP.
 
What happens to me If I get a green card while I am in INDIA. Can I Come back on H1.

If I can come back, Why my wife can't come back.
 
Originally posted by npulukuri
What happens to me If I get a green card while I am in INDIA. Can I Come back on H1.

If I can come back, Why my wife can't come back.
Click to expand...

No, you cannot. Once your 485 is approved, you loose your H1 status. You gonna need AP to enter US. There might be another option. That is, your lawyer can request consular notification of your 485 approval and than you might be able to go to your home country consulate and they can give you a transportation letter. I am not really sure if you can do that, but might be possible.

But the safest option is to get AP before travelling. Its a good backup. Assume you go to India, you loose your job while you are in India (I hope not). That will also automatically invalidate your H1. What are you gonna do than if you don't have AP????
 
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