Please Help

[thota]

Hi

I and my wifes I-485, I-765, I-131 was filed on Feb 28, 2004 (Receipt date Feb 28, 2004- Receipt Notice Date March 5, 2004) with future employer. My I-140 was filed on Febraury 5, 2004 . My attorney received RFE on I-140. My future employer has'nt yet sent those RFE support documents. Will this cause delay in getting our EAD and AP. I and my wife planning to travell outside USA. My current VISA stamp has expired. I have current H-1 Visa valid till March 2006 with my current employer. and My wife H-4 is valid till March 2006. We want to get VISA stamped outside USA. Before going outside USA our attorney suggested to wait till we receive AP.

My questions are
1. Will EAD and AP get delayed due to I-140 RFE not yet sent to INS?
2. Is there any precaution I should take before going to VISA Stampping.
3. Should we use our new VISA stamp to entering in to USA or SHould we better use AP?
Please advice me.
Thanks

 

[ginnu]

Originally posted by thota
Hi

I and my wifes I-485, I-765, I-131 was filed on Feb 28, 2004 (Receipt date Feb 28, 2004- Receipt Notice Date March 5, 2004) with future employer. My I-140 was filed on Febraury 5, 2004 . My attorney received RFE on I-140. My future employer has'nt yet sent those RFE support documents. Will this cause delay in getting our EAD and AP.
------ YES
I and my wife planning to travell outside USA. My current VISA stamp has expired. I have current H-1 Visa valid till March 2006 with my current employer.
------ get the H1Visa revalidated in US from DOS or get H1 Visa stamp from consulate OR have approved AP in hand before departing US if you want to use AP

and My wife H-4 is valid till March 2006. We want to get VISA stamped outside USA. Before going outside USA our attorney suggested to wait till we receive AP.
---------- better wait for AP approval, It seems you both neead Visa stamping and thease days many consulate create problems for H1 or H4 Visa stamp, to be safe get your AP approved in hand before you depart US so that if any problems in Visa stamping you can use AP to reenter US. your lawyer gave you correct advice
My questions are
1. Will EAD and AP get delayed due to I-140 RFE not yet sent to INS?
------ May be bacase EAD AP reast of pending I-485 AND I-485 rests on I-140, better send the RFE reply ASAP
2. Is there any precaution I should take before going to VISA Stampping.
------ Get AP approved and dont go out of US before AP is approved and you both have AP in hand
3. Should we use our new VISA stamp to entering in to USA or SHould we better use AP?

------ if you get Visa stamps then better use Visa stamp to enter US
Please advice me.
Thanks