Leaving US immediately after filing 485

[mnlyd]

I am filing for 485 in next one week. However my wife needs to be in India for next 4-6 months due to her job commitments immediately after we file for 485 (after 1 week). I will continue to be in US. She has a valid H4 visa stamped and she will come back to US for a short visit when we get called for FP.

My lawyer is saying that she must be in the US and must not travel for 2-3 weeks after filing - until receipts are issued. Does anybody see any issues with this? What could be some of the problems?

Can it impact the I-485 processing based on I-94 that you return at the airport? Or the issue is returning back to US on H4? I can always courier her the receipt notice. Can someone please throw some light on this?

 

[ginnu]

I am filing for 485 in next one week. However my wife needs to be in India for next 4-6 months due to her job commitments immediately after we file for 485 (after 1 week). I will continue to be in US. She has a valid H4 visa stamped and she will come back to US for a short visit when we get called for FP.

My lawyer is saying that she must be in the US and must not travel for 2-3 weeks after filing - until receipts are issued.
---------------------lawyer is correct, he wants to make sure USCIS has recieved her I-485.

Does anybody see any issues with this? What could be some of the problems?

Can it impact the I-485 processing based on I-94 that you return at the airport? Or the issue is returning back to US on H4? I can always courier her the receipt notice. Can someone please throw some light on this?

------------ lawyer wants to make sure her I-485 reached USCIS Before she goes out of US. that is why he is saying go after she gets I-485 reciept. once she gets I -485 reciept then no problem to go out or give her I-94, she can enter US on H4 if she has H4 visa stamp valid when she want to come back to US . if YOU remain on H1 then she can also get H4 stamp.

 

[fast_gc_seeker]

I am filing for 485 in next one week. However my wife needs to be in India for next 4-6 months due to her job commitments immediately after we file for 485 (after 1 week). I will continue to be in US. She has a valid H4 visa stamped and she will come back to US for a short visit when we get called for FP.

My lawyer is saying that she must be in the US and must not travel for 2-3 weeks after filing - until receipts are issued. Does anybody see any issues with this? What could be some of the problems?

Can it impact the I-485 processing based on I-94 that you return at the airport? Or the issue is returning back to US on H4? I can always courier her the receipt notice. Can someone please throw some light on this?

to enter back on H4, its better to have original 485 receipts just in case....