Question for Gurus

1

1india

Registered Users (C)
Friends,
This is my first post to this site. My I140/485 RD data is 03-11-2003 concurrent filier. One EAD is approved and other one is pending. Same is the case for my wife. I have a question and want your suggestions:
My son is currently studying in India and expected to be back early next year. He has his AP approved till July 2005. Here are my questions:
1) If his application for 485 is approved can he come back using his AP? :confused:
2) Does he has to be here physically to get his passport stamp? I was thinking that my wife who is presently in India can get his passport for stamping and when I go back home in October I can carry his passport with me. :confused:
3) How long he can stay out of the country after his petition for 485 is approved? :confused:

Please advise. Your valuable feedback will be really appreciative.

Thanks you all,
givememygreencard
 
1Inida,

Read the answers annotated with >>>


Friends,
This is my first post to this site. My I140/485 RD data is 03-11-2003 concurrent filier. One EAD is approved and other one is pending. Same is the case for my wife. I have a question and want your suggestions:
My son is currently studying in India and expected to be back early next year. He has his AP approved till July 2005. Here are my questions:
1) If his application for 485 is approved can he come back using his AP?

>>>Yes, he can come on AP if AP is still valid. Alternatively, if you get the should Take both unexpired AP and plastic card when he comes in at teh port of entry.


2) Does he has to be here physically to get his passport stamp? I was thinking that my wife who is presently in India can get his passport for stamping and when I go back home in October I can carry his passport with me.

>>>Yes, he should be physically present in US to get the PP stamped. Don't do the mistake of carrying his passport to INS office while he is in India. PP should be with the owner while they are out of the country.

3) How long he can stay out of the country after his petition for 485 is approved?

I don't know the answer to this, but my guess would be the sooner he comes in, the better. I would say a month or 2. He can always go back.

Please advise. Your valuable feedback will be really appreciative.

will_get_there
---------------
I am not a lawyer. These are my views, not an advice.
 
will_get_there,
Thanks for your reply. One more question:
Does he has to come back after 485 approval or physically he can be in India and we get his plastic card here in US. What I am thinking is that he is planning to come back in March 05. Even if his petition is approved, he can still stay in India and wait for his plastic card.

Thanks,
sanjeev jain :confused:
 
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