Please help - Can 140 be used for H4 ?

I

INS Nightmare

Registered Users (C)
we filed for 485 for both of us. (Did not get receiptyet)
and my wife travelled to India recently and
she needs to return to US
Can I use my approved I-140 to bring her back in ?
 
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My guess is that she should be able to come back on H4 visa if she has one. What was her visa status when she went to India ?
 
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As vikrant said she will come back using valid H4 visa stamp, if not she can get new visa stamp using your valid H1 approval notice(copy would be fine). There is no problem at all in getting new visa stamp after applying i-485. Tell her check the box to YES for Have you ever applied for immigrant visa.
 
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she left when we were in H1/H4 (240 days) grace period..
(i.e our H1/H1 extn is still pending)
She has to wait in India until my H1 extn is approved ?
 
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Our H1/H4 I-94&visa expired last nov.
I have until July mid to legally be in US(240 days)
I dont know why its taking such a long time...
Is there a way I could extend my stay ?
Thanks for your thoughts.
 
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Theoretically one is supposed to get Advanced Parole after I485 is applied, before he/she leaves United states in order to enter US again. The I485 application is considered abandoned if one leaves US without advanced parole.

Talk to your lawyer immediately. Your last H1 and wife\'s last H4 and extension receipt for H1 and H4 may be used to get H4 visa. You or your lawyer may be able to talk to officer handling your case and expedite it.

Also consider the option of getting Advanced Parole now. I guess you should be able to apply for it after getting I485 receipt. I am not sure whether your wife will be able to enter US based on AP because she did not have advanced parole when she left US. At the port of entry if she is able to explain the circumstances, then she might be allowed to enter.

If your lawyer does not know much, one option is to pay fee to good immigration lawyer (check out www.usvisanews.com) and get your questions answered in a quick manner.
 
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