Pending I485 approval & Planning to go for a 4 month vacation

S

san13

Registered Users (C)
Hi,

Presently my wife is on H4 visa valid till Feb-22, 2006 and Our I485 is in process and is pending for approval from the last 20 months. She also has advance parole valid till April-30, 2006. Recently we also have done our Biometrics.

She is now planning to go to India for 4 months and we have the following questions/doubt's before she decides on the trip:

1) If she goes to India, does she needs to comeback before Feb22, 2006(h4 visa expiry) or can she stay till April 15th, 2006.(April-30, 2006 AP Expiry)

2) What happens if we get the GC approval when she is in India. Does she need to come back immediately in the middle of her vacation/trip

3) As we already have done our Biometrics, when the GC gets approved, do we need to go for GC stamping again.

4) Say we don't :confused: get the GC Approval before Feb 2006, To be in Legal status, does she needs to extend her H4 or AP during Feb 2006 or the pending I 485 will be good enough

Thanks in advance for all your responses.

Thanks,
Santosh
 
san13 said:
Hi,

Presently my wife is on H4 visa valid till Feb-22, 2006 and Our I485 is in process and is pending for approval from the last 20 months. She also has advance parole valid till April-30, 2006. Recently we also have done our Biometrics.

She is now planning to go to India for 4 months and we have the following questions/doubt's before she decides on the trip:

1) If she goes to India, does she needs to comeback before Feb22, 2006(h4 visa expiry) or can she stay till April 15th, 2006.(April-30, 2006 AP Expiry)
----------------- she should be back before H4 stamp expires
OR
before the validity of AP expires( dont wait for the last date of AP validity somebody missed a flight and still struck out of US)
2) What happens if we get the GC approval when she is in India. Does she need to come back immediately in the middle of her vacation/trip
----------- if she has valid AP then she can enter with AP if I-485 gets approved
3) As we already have done our Biometrics, when the GC gets approved, do we need to go for GC stamping again.
-------------- if at the time of Biometrics they have taken photographs and fingerprints then they will send the Card if not then you need to visit Local USCIS to get passports stamped and provide photographs+fingerprints for card
4) Say we don't :confused: get the GC Approval before Feb 2006, To be in Legal status, does she needs to extend her H4 or AP during Feb 2006 or the pending I 485 will be good enough
------------- it is better to be n H1 and H4 status till I-485 gets approved. if she is out of US her H4 extension Cannot be filed in US. if I-485 pending and she uses AP she is in legal status as AOS will be pending. if due to any reason I-485 gets denied then EAd AP all get denied.
Thanks in advance for all your responses.

Thanks,
Santosh
Click to expand...
** what is your PD?(LC filing date)
EB2 or EB3??
 
Thanks Ginnu

Thank Ginnu for your valuable Response. Your responses/answers are really helpful for planning her vacation/trip.

My PD is July 2002, EB3-India

Thanks once again
Santosh
 
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