PD not current, Wife wants to visit India, options

GChopelost

Registered Users (C)
It may take about at few months before i could apply for my GC. Meantime my wife may go back to India for personal reasons. Meantime if the GC dates are current then my wife has to be in US to apply for GC? Also can we complete our FP and background check at the same time?

Please advice
 

ginnu

Registered Users (C)
It may take about at few months before i could apply for my GC. Meantime my wife may go back to India for personal reasons. Meantime if the GC dates are current then my wife has to be in US to apply for GC? Also can we complete our FP and background check at the same time?

Please advice

If you question is related to I-485 filing then she need to be in US to file her I-485. If you are on H1 and she is on H4 status then she can go out and come back. Visa bulletin is published about 15 days advance. One needs to be in US to complete FP and FP notice may take 2-3 months after filing I-485.
 

GChopelost

Registered Users (C)
Thanks for your reply.

So when we have to apply for GC she has to come to US and then she can leave US and when we get notice for FP then she can again come back give her FP and leave country? Can she alone do this at the US consulate in India?

What about medical examination do we have to do it at the time of filing GC?
 

ginnu

Registered Users (C)
Thanks for your reply.

So when we have to apply for GC she has to come to US and then she can leave US and when we get notice for FP then she can again come back give her FP and leave country?
---------once she file I-485 she should go out after she gets herI-485 filing reciept from USCIS.She should do her FP in US. Fingerprint notice is sent 25-30 days advance of FP date.
Can she alone do this at the US consulate in India?
---------------what is to be done at US consulate in India????
What about medical examination do we have to do it at the time of filing GC?
------why are you writing the word "GC"? You should write I-485 and I-485 is the last step of GC filing or AOS filing. one need to compleate medicals in US and medicals are sent with I-485.
does she have H4 visa? till what date? are you on H1 status? what is validity of your H1? she will need H4 Visa to enter US if she goes out after filing I-485 or She should also file AP with I-485 and then go out after she gets her AP approved in hand before departure from US.

***I dont know your full details or your status. no info about your PD, No info about your Status, no info if I-140 approved or only LC approved.
 

GChopelost

Registered Users (C)
Sorry for the incomplete information. I am so confused...

Here are my details
EB3 PD June 2002 India
I140 approved
H1B visa extension till 11/2011
H4 visa extension till 11/2011

How much time does it take to get AP approved?

Thanks for your reply
 

ginnu

Registered Users (C)
Sorry for the incomplete information. I am so confused...

Here are my details
EB3 PD June 2002 India
I140 approved
H1B visa extension till 11/2011
H4 visa extension till 11/2011

How much time does it take to get AP approved?
---------------it may take 2-3 months from filing date and AP is based on pending I-485.

Thanks for your reply

if she has Valid H4 visa stamp then she can go out and can come back. if she does not have H4 visa stamp then she need to get H4 visa stamp.

why are you asking about AP? She has not filed her I-485 and AP , EAD,AP are based on pending I-485.
Your PD is June 2002, EB3 India and at this time your PD is not current. nobody knows when your PD is going to be current. I think at this time for EB3, India PD is April 2001(check the PD for EB3 India, I may be wrong).
 
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