I-485 pending,1st AP expired,and H4 expiring,travel to India

[abhi485]

Hi All,
I have a peculiar situation.My wife has I-485 pending(dependent),first AP expired on june 28th,but we did not apply for 2nd AP,and her H4 is expiring aug'29TH.She traveled to India yesterday ,Since her mother is not well.
Now She has her return ticket for August 25th.
My question is Will there be a problem for her at the POE??
She took with her all copies of my I-140,her I-485 receipt,my I-485 receipt notice,my latest pay-stubs,all pages of my passport,with all my previous H1 stampings(my H1B is also expiring on august 29th).
any suggestions/help greatly appreciated!

Thanks,
Abhi
I-140 approved
I-485 rd:03/2003

 

[nagoct2002]

Hello.
It create problem. She should have a valid AP to enter. Is it possible for you to apply AP and send to her. Since you are here ..I guess you can do that.
please refer with some other experienced persons.

thanks,

 

[sertra2002]

Ideally this should not be a problem. Because her visa will be valid for only four days, she should ideally get I-94 valid for 4 days ! Now, she will ofcourse have to explain that her AOS is pending and show the reciept of her I-485.

 

[abhi485]

Thanks Serta2002

Serta2002,
Yeah,that was my thought process too!Since she has a valid H4 till aug 29th and she will return by aug 25th & She took her I-485 receipt notice along with her .Hoping she should be ok!

And as for my status I'm on H1B till aug'29th.I never used my 1st EAD nor my 1st AP.Both Expired on june '04.Now I have my 2nd EAD approved,and I will be using it from Aug 30th.And I plan on applying for 2nd AP for both of us,after my wife returns...Hope I'm thinking in the right direction!

Abhi

 

[max2k1]

Hi All,
I have a peculiar situation.My wife has I-485 pending(dependent),first AP expired on june 28th,but we did not apply for 2nd AP,and her H4 is expiring aug'29TH.She traveled to India yesterday ,Since her mother is not well.
Now She has her return ticket for August 25th.
My question is Will there be a problem for her at the POE??
She took with her all copies of my I-140,her I-485 receipt,my I-485 receipt notice,my latest pay-stubs,all pages of my passport,with all my previous H1 stampings(my H1B is also expiring on august 29th).
any suggestions/help greatly appreciated!

Thanks,
Abhi
I-140 approved
I-485 rd:03/2003

No problems. Her I-94 date would NOT be limited by her visa expiry date ... her I-94 would be valid for as long as the latest I-797 petition that she shows at POE.

She should also show AOS receipt and proof of your H1 validity.

As long as she enters before the visa expires, she's good ( visa is just a travel doc )/

 

[abhi485]

Thanks Max2k1

Thanks for the reply!

 

[santo]

abhi485

abhi485:

Just to reassure you, I am aware of cases where someone I know entered back into this country with only 9 or 10 days left on H1 Visa. The application for the next H1 was not approved yet then. The officer enquired whether the new H1 approval was there, so that he could stamp it to its validity, it was not there, so officer stamped the I-94 valid for the next 9/10 days only.

H1 visa is only for the travel, and as long as it is valid, you should be able to travel. You should be equppied with the I-485 application receipt etc etc to convince the officer.

One advise, don't risk travelling on the last couple of days of the validity, just in case the flight gets cancelled/delayed, you should have a buffer.

 

[Pork Chop]

No problems. Her I-94 date would NOT be limited by her visa expiry date ... her I-94 would be valid for as long as the latest I-797 petition that she shows at POE.

whatever gave you that idea? in case of H-type visas, the i94s are stamped for up to the validity date of the visa. unless the i797 is an approval notice for an H1/H4 status extension, and the there is an unexpired H visa physically stamped in the passport, that i797 will have no bearing on the i94 stamp.

the situation is somewhat different with B-type visas. theoretically, an officer at a POE might grant a stay of upto six months for an entry even if there is only one day validity left for the B visa. whether or not POE officers habitually do that is another matter.

She should also show AOS receipt and proof of your H1 validity.

AOS receipt is not a proof of H1 validity. it might help ease the situation, though, as it will tell the officer at the POE that even if the H status expires in a few days, the alien will still have a parallel status ("adjustee") which will make their stay legal.

As long as she enters before the visa expires, she's good ( visa is just a travel doc )/

correct.

 

[santo]

whatever gave you that idea? in case of H-type visas, the i94s are stamped for up to the validity date of the visa. unless the i797 is an approval notice for an H1/H4 status extension, and the there is an unexpired H visa physically stamped in the passport, that i797 will have no bearing on the i94 stamp.
.......

Let me clarify this a bit....I-797 is the approval notice for an I-129 petition i.e H1 application. I-94 will be stamped to the validity indicated on the new I-797 you have, and NOT to the validity date of the visa stamped on the passport.

When I myself last entered US in May 2002, my visa stamped on thepassport was valid till Feb. 2003, but had another H1 approval (I-797) valid till Sep. 2004, and my I-94 was stamped for validity upto Sep. 2004.

 

[max2k1]

whatever gave you that idea? in case of H-type visas, the i94s are stamped for up to the validity date of the visa. unless the i797 is an approval notice for an H1/H4 status extension, and the there is an unexpired H visa physically stamped in the passport, that i797 will have no bearing on the i94 stamp.

Pork -->> when I said I797, I of course meant the H1 approval notice - it was fairly obvious in the context of this discussion

AOS receipt is not a proof of H1 validity.

Per what I hear, if you are AOS pending and traveling on H1/H4, it is suggested that you show the 485 receipt notice. Its not connected to H1 in any way